Judgment_paragraph 31 · Trento Sviluppo srl and Centrale Adriatica Soc. coop. arl v Autorità Garante della Concorrenza e del Mercato (C-281/12)

31As regards, secondly, the objective pursued by Article 6(1) of Directive 2005/29, it should be noted that the directive is based on Article 169 TFEU and its aim is to achieve a high level of consumer protection by approximating the provisions of the Member States on unfair commercial practices harming consumers’ economic interests. Recital 7 to Directive 2005/29 states that the directive addresses commercial practices directly related to influencing consumers’ transactional decisions in relation to products. Recital 11 to that directive mentions that it establishes a single general prohibition of unfair commercial practices that distort consumers’ economic behaviour. According to recital 13 to the directive, it is the two types of commercial practice that are by far the most common – namely, misleading commercial practices and aggressive commercial practices – which justified the adoption of specific rules in order to combat those practices. It can be seen from recital 14 to Directive 2005/29 that the directive is intended to use the concept of ‘misleading commercial practices’ in such a way as to cover those practices which, by deceiving the consumer, prevent him from making an informed and thus efficient choice.