That “50% off” label matters only if the comparison price is genuine. EU price-reduction rules require a specific prior-price reference, but national implementation and product-specific exceptions still matter.
The 30-day reference price is an EU rule
Article 6a of Directive 98/6/EC, inserted by the Omnibus Directive, provides that when a trader announces a price reduction, the prior price must generally be the lowest price applied by that trader during a period of at least 30 days before the reduction.
The rule is implemented through national legislation, so the enforcement body and some practical details vary by Member State.
Why Black Friday “50% off” can be misleading
A retailer cannot create a fictitious former price simply to make the discount percentage look larger. The legal test focuses on the trader's actual prior pricing history, not the price the retailer wishes to present as its normal value.
There are exceptions and national variations. The Directive allows Member States to adopt different rules for goods that deteriorate or expire rapidly, newly marketed products, and progressively increasing reductions.
Build a price-history record
- Save the sale page showing the current price and “previous” price.
- Record the date and time.
- Capture earlier prices from the same retailer.
- Keep retailer emails, adverts and screenshots.
- Save the receipt or order confirmation.
- Note any statement describing the reference price as “regular”, “was”, “RRP” or similar.
The strongest record links the reference price to evidence showing what the same retailer actually charged during the relevant period.
Do not confuse a retailer's RRP with its prior price
The EU 30-day rule concerns the trader's own prior price. A manufacturer's recommended retail price or a market price can be relevant in other advertising contexts, but it is not a substitute for the statutory prior-price reference where Article 6a applies.
How to report it
Because the Directive is implemented nationally, report suspected infringements to the consumer-protection or market-surveillance authority competent in the Member State concerned. For cross-border complaints, the European Consumer Centres Network can help identify the appropriate route.
Describe the exact price claim, dates and evidence instead of merely stating that the discount “looks fake”.
What this means practically
- The EU baseline is the lowest trader price during at least the previous 30 days.
- National law controls penalties and some permitted variations.
- Save pricing evidence before the promotion disappears.
- Separate statutory “prior price” from RRP and other comparison-price claims.
Sources
- EUR-Lex — Directive (EU) 2019/2161 (Omnibus Directive), Article 6a amendments: eur-lex.europa.eu
- EUR-Lex — Directive 98/6/EC, Article 6a consolidated text: eur-lex.europa.eu
- European Commission — Consumer rights and price indications: commission.europa.eu
Related Kibbo Tools
- Online Purchase Price & Promotion Evidence Pack — preserve prior prices, promotional claims, and receipts.
- Fake Sale Checker — check the signs of an inflated "previous price" before you report it.