35In that connection, even when a national provision does pursue consumer protection objectives, on which it is for the referring court to make a finding, in order to ascertain whether such a provision comes within the scope of Directive 2005/29 it is also necessary that the conduct covered by that national provision is a commercial practice within the meaning of Article 2(d) of that directive (see, to that effect, Case C-304/08 Plus Warenhandelsgesellschaft [2010] ECR I-217, paragraph 35; Mediaprint Zeitungs- und Zeitschriftenverlag, paragraph 16; and order in Case C-288/10 Wamo [2011] ECR I-5835, paragraphs 28 and 29).
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