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Purely Creative Ltd and others v Office of Fair Trading, C-428/11, EU:C:[2012]:651 – UCPD – Para 31 of Schedule 1, CPUTR - Article 288 TFEU.

1) list of commercial practices in Annex 1 UCPD (Schedule 1 CPUTR) applies in all Member States and may only be modified by revision of the UCPD.
- headings in UCPD of ‘Misleading commercial practices’ (paras 1 to 23) and ‘Aggressive commercial practices’ (paras 24-31) thus apply to CPUTR.
- national court is required to interpret national law in the light of the wording and purpose of the directive.
2) construction and meaning of para 31.
- “false impression”: the prohibited practice is the creation of one of the impressions in the first part of para 31, whereas, as stated in the second, those impressions do not correspond to reality.
- words “incur a cost” do not allow C to bear the slightest cost, even if de minimis.
3) prohibition on any cost is absolute - offering a number of options does not eliminate unfair character of the practice if any such option requires C to bear a cost, even if de minimis.
4) Annex 1 UCPD (Schedule 1 CPUTR) should be given a literal interpretation.
- para 31 should not be interpreted as including an element of misleading conduct, distinct from the situations described in the second part thereof.
5) in assessing information provided to consumers, the court should take account whether it is clear and can be understood by the public targeted by the practice.
6) The ECJ’s ruling.

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