Article 1 — Amendment to Directive 93/13/EEC
Omnibus Directive, Directive (EU) 2019/2161
What does OMNIBUS Article 1 say?
Short answer, straight from the official text
In Directive 93/13/EEC, the following article is inserted: 1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented.
Source: Omnibus Directive, Directive (EU) 2019/2161, read 2026-10-13.
| In the act | EU 2019/2161 |
| CELEX | 32019L2161 |
| Read on | 2026-10-13 |
Official text
Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.
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In Directive 93/13/EEC, the following article is inserted:
1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
2. Member States may restrict such penalties to situations where the contractual terms are expressly defined as unfair in all circumstances in national law or where a seller or supplier continues to use contractual terms that have been found to be unfair in a final decision taken in accordance with Article 7(2).
3. Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate:
(a) the nature, gravity, scale and duration of the infringement;
(b) any action taken by the seller or supplier to mitigate or remedy the damage suffered by consumers;
(c) any previous infringements by the seller or supplier;
(d) the financial benefits gained or losses avoided by the seller or supplier due to the infringement, if the relevant data are available;
(e) penalties imposed on the seller or supplier for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council ( *1 ) ;
(f) any other aggravating or mitigating factors applicable to the circumstances of the case.
The article continues in the official text.
The same rule in other acts
These articles carry the same official heading. The wording is not identical; read each text at its own source.
- CRD Article 32 — Amendment to Directive 93/13/EEC
Who does this apply to
The register names five roles. Open a role to see the duties this act places on it, each row with its article and its source.
Does this apply to us?
- Do ai governance rules apply to an online marketplace?
- Do personal data rules apply to an online marketplace?
- Do cross-border data rules apply to an online marketplace?
- Do cybersecurity rules apply to an online marketplace?
- Do health data rules apply to an online marketplace?
- Do online platforms rules apply to an online marketplace?
All roles in the register · All questions by role
The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.
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