Judgment_paragraph 31 · Bankia SA v Juan Carlos Mari Merino and Others (C-109/17)

31However, it is also settled case-law that that directive restricts itself to providing, in Article 5(1) thereof, that unfair commercial practices ‘shall be prohibited’ and that, accordingly, it leaves the Member States a margin of discretion as to the choice of national measures intended, in accordance with Articles 11 and 13 of that directive, to combat those practices, on condition that they are adequate and effective and that the penalties thus laid down are effective, proportionate and dissuasive (see, to that effect, judgment of 16 April 2015, UPC Magyarország, C‑388/13, EU:C:2015:225, paragraphs 56 and 57 and the case-law cited).