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Legislative Decree No 146 of 2 August 2007, "Implementing directive 2005/29/EC concerning unfair busines-to-consumer commercial practices in the internal market"

1 The Authority may require the trader to furnish evidence as to the accuracy of factual claims in advertising if, taking into account the legitimate interest of the advertiser and any other parties to the proceedings, such a equirement appears appropriate on the basis of the circumstances of the particular case. If the evidence is not provided or is deemed to be insufficient the factual data shall be deemed to be inaccurate. At all events, the burden of proof lies with the trader who must demonstrate, by proving with facts, that the trader could not reasonably have foreseen the impact of the commercial practice on consumers, within the meaning of section 20 (3).