Reference for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 6 June 2012 — Trento Sviluppo Srl and Centrale Adriatica Soc. coop. v AGCM

(Case C-281/12)

2012/C 235/20

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Appellants: Trento Sviluppo srl, Centrale Adriatica Soc. coop.

Respondent: Autorità Garante della Concorrenza e del Mercato (AGCM)

Question referred

Is Article 6(1) of Directive 2005/29/EC, (1) as regards the part in which the Italian-language version uses the words ‘e in ogni caso’, to be understood as meaning that, in order for the existence of a misleading commercial practice to be established, it is sufficient if even only one of the elements referred to in the first part of that paragraph is present, or that, in order for the existence of such a commercial practice to be established, it is also necessary for the additional element to be present, that is to say, the commercial practice must be likely to interfere with a transactional decision adopted by a consumer?

(1)  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 (OJ 2005 L 149, p. 22).