ABSTRACT
Legislation to protect vulnerable consumers in the field of specific sales methods seems adequate. In order to promote the functioning of the internal market and at the same time achieve a high level of consumer protection the Unfair Commercial Practices Directive strives to achieve total harmonisation of the law of the Member Sates in the field of commercial practices, including advertising. The Directive contains additional protection for some kinds of vulnerable consumers only. The comprehensive analysis of the European Court of Justice (ECJ) jurisprudence in the Twigg-Flesner report shows that the average consumer is not necessarily, but can be, related to the average of all consumers. H. W. Micklitz has agued that recent judgments of the ECJ contain indications of a departure by the Court from the well-informed and circumspect consumer in favour of a consumer who is in need of protection by the Community legislature.
