33The concept of ‘undue influence’, defined in Article 2(j) of Directive 2005/29, covers the exploitation of a position of power in relation to the consumer so as to apply pressure, even without using or threatening to use physical force, in a way which significantly limits the consumer’s ability to make an informed decision. As the Advocate General noted in point 45 of his Opinion, undue influence is not necessarily impermissible influence but influence which, without prejudice to its lawfulness, actively entails, through the application of a certain degree of pressure, the forced conditioning of the consumer’s will.
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