1.1. After-sales practices are covered by the definition of commercial practices

The definition of commercial practices should be read in conjunction with Article 3 which concerns the scope of the Directive.

Commercial practices not only occur during the marketing and the sale or supply stages but also after the sale (see Article 3(1)). Recital 13 of the Directive also refers to "unfair commercial practices which occur outside any contractual relationship between a trader and a consumer or following the conclusion of a contract and during its execution".

This is also highlighted in the explanatory memorandum of the Commission's proposal for the Directive[5] (point 59):

"As explained above, rather than impose a specific unfairness category in relation to after-sale practices, this proposal applies the provisions of the Directive to commercial practices both before and after sale. The trader will consequently need to ensure that commercial practices after sale meet the same fairness standards as commercial practices before sale. However, the absence of after-sale services would not in itself be considered unfair unless the trader's conduct would lead the average consumer to have materially different expectations about the after-sale service available."



[5] COM (2003) 356 final

[6]PS1268 - TELE2-ostruzionismo migrazione, Provv. n. 20266 del 03/09/2009 - Pubblicazione Bollettino n. 36/2009 PS1700 - Tiscali-ostruzionismo passaggio a TELECOM, Provv. n. 20349 del 01/10/2009 - Pubblicazione Bollettino n. 40/2009.

Links to articles of the Directive