78As the Advocate General noted in point 61 of his Opinion, the complementary nature of Directives 2005/29 and 2001/83 is apparent, moreover, from a combined reading of Article 7 of and Annex II to Directive 2005/29. In accordance with Article 7(1) thereof, a commercial practice is to be regarded as misleading if, in its factual context, taking account of all its features and circumstances and the limitations of the communication medium, it omits material information that the average consumer needs, according to the context, to take an informed transactional decision and thereby causes or is likely to cause the average consumer to take a transactional decision that he would not have taken otherwise. Information requirements established by EU law in relation to commercial communication including advertising or marketing, a non-exhaustive list of which is contained in Annex II, are, in accordance with Article 7(5) of Directive 2005/29, to be regarded as material. That annex makes express reference, in that context, to Articles 86 to 100 of Directive 2001/83.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.