Safeguarding the Single Market: Joint Call to the European Parliament on Cross-Border Enforcement of UTPs

Brussels, 22 April 2025 – Euro Coop and Independent Retail Europe have sent a joint letter to the European Parliament’s AGRI and IMCO Committees to raise concerns about the European Commission’s proposal on cross-border enforcement of unfair trading practices (UTPs).

While supporting stronger enforcement of the 2019 UTP Directive, we are concerned that the proposed Regulation introduces legal uncertainty for cross-border contracts. Specifically, it would allow a Member State to take enforcement action based on its national rules—even when the contract is governed by the law of another Member State where the practice in question is legal.

This undermines the EU’s single market and the legal clarity provided by the Rome I and Brussels I bis Regulations, which protect the right of businesses to agree on the applicable law in cross-border contracts.

We call on the European Parliament’s AGRI and IMCO Committees to ensure that the final text includes safeguards: national authorities must not be allowed to act against practices that are fully compliant with the law chosen in the contract and the broader EU legal framework.

A legally sound and coordinated approach is essential to preserve trust, fairness, and the smooth functioning of the EU food supply chain.