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Case C-388/13: Request for a preliminary ruling from the Kúria (Hungary) lodged on 8 July 2013 — UPC Magyarország Kft. v Nemzeti Fogyasztóvédelmi Hatóság
ECLI:EU:UNKNOWN:62013CN0388
62013CN0388
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Valentina R., lawyer
19.10.2013
EN
Official Journal of the European Union
C 304/4
(Case C-388/13)
2013/C 304/07
Language of the case: Hungarian
Referring court
Parties to the main proceedings
Applicant: UPC Magyarország kft
Defendant: Nemzeti Fogyasztóvédelmi Hatóság
Questions referred
1.Is Article 5 of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘the Unfair Commercial Practices Directive’)(1) to be interpreted as precluding, in respect of misleading commercial practices within the meaning of Article 5(4) of that directive, a separate examination of the criteria of Article 5(2)(a) of the directive?
2.May a communication of false information to a single consumer be regarded as a commercial practice within the meaning of that directive?
Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (Text with EEA relevance) (OJ 2005 L 149, p. 22).