THE GENERAL EU CONSUMER PROTECTION FOR RESTAURANTS Restaurant services - although seemingly straightforward - are, under EU law, services provided to consumers, which means that they are subject to a wide range of consumer protection rules applicable to all types of contracts concluded between a trader and a consumer. The Unfair Commercial Practices Directive (Directive 2005/29/EC, UCPD4) forms a cornerstone of EU consumer law, establishing a general prohibition on misleading, aggressive, and otherwise unfair business-to-consumer practices. As a horizontal instrument, it applies to all sectors of economic activity, including hospitality and food services. In the restaurant context, this implies that traders must not provide inaccurate, ambiguous, or deceptive information about the nature, quantity, quality, or composition of their offerings. Practices such as exaggerating portion sizes, misrepresenting ingredients, or omitting relevant information—such as hidden charges, surcharges, or mandatory service fees— may constitute misleading commercial conduct under the directive5. Although the UCPD grants traders the freedom to determine their prices, it requires that all pricing information be communicated clearly and unambiguously, allowing consumers to make informed choices. The general principles of the directive are further reinforced by sector-specific instruments, such as food information law, which builds on the UCPD’s objective of preventing both misleading actions and omissions in consumer-facing communication. The Unfair Terms in Consumer Contracts Directive (Directive 93/13/EEC6) also extends its scope to the restaurant sector, despite the absence of formal, signed agreements in most on-premises transactions. The directive applies whenever a trader seeks to unilaterally impose contractual terms on consumers, particularly where such terms are not subject to individual negotiation. In the context of restaurants, this may include disclaimers or notices displayed within 4 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) (http://data. europa.eu/eli/dir/2005/29/2022-05-28). 5 Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market (2021/C 526/01) in: Commission Notice, Official Journal of the European Union: C_2021526EN.01000101.xml (access 1.05.. 6 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (http://data.europa.eu/eli/dir/2011/83/2022-05-28). 543 THE REGULATION OF RESTAURANT SERVICES CONSUMED ON-SITE IN EU CONSUMER LAW
RkJQdWJsaXNoZXIy MTE4NzM5Nw==