Consumers should not have to pay to claim prizes

On 18 October 2012, the Court of Justice of the European Union (CJEU), in the case of Purely Creative and Others v Office of Fair Trading, issued a judgment clarifying the interpretation of the Unfair Consumer Practices Directive (2005/29/EC).

Although the legal scope of the directive does not extend beyond the European Union (and so does not apply to the Isle of Man), Isle of Man-based promoters should still take the CJEU’s judgment into consideration when considering good practice.

The directive is intended to clarify consumers’ rights and to simplify cross-border trade by harmonising the legislation across the European Union that prevents business practices that are unfair to consumers…

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