further Article 2(h)) and that are likely to materially distort the economic behaviour of the average consumer (Article 5(2)(b)). The effect of commercial practices on particular kinds of consumers, especially those who are unusually vulnerable, can replace the "average consumer" test if the practices are directed at those kinds of consumers or will foreseeably affect them (Articles 5(2)(b) and 5(3)). The Directive describes two major categories of unfair commercial practices:- those that are misleading (Articles 5(4)(a), 6 and 7) and those that are aggressive (Articles 5(4)(b), 8 and 9). Annex 1 to the Directive sets out a list of "commercial practices that are, in all circumstances, considered unfair" (a black-list of bad behaviour). These are divided into "misleading commercial practices" (23 examples) and "aggressive commercial practices" (8 examples). On a literal reading of the Directive, misleading or aggressive commercial practices that would not affect the average consumer's economic behaviour, but would distort the economic behaviour of particular kinds of consumer, may be prohibited only by the general clause in Articles 5(1) to 5(3), and not by the specific clauses in Articles 6 to 9. This is because the latter provisions refer exclusively to the "average consumer" (although Article 9(c) also refers to the "exploitation of any specific misfortune or circumstance of such gravity as to impair the consumer's judgement, of which the trader is aware..."). However, it might be fairer to read Articles 5(2)(b) and 5(3) as supplanting the references to the "average consumer" in Articles 6 to 9 in appropriate cases. The UK Government's Department of Trade and Industry published a consultation paper in December 2005, which suggested that that was indeed the intention. There is no clear basis in the text for the favoured interpretation, but the UK Government supports its interpretation with reference to the European Commission's Explanatory Memorandum. This could be important because depending on the answer to this question it may be easier or harder to pin down a breach of the Directive. The rules referred to in the actual text of the Directive in relation to codes of conduct are quite limited (e.g. Article 6(2)(b), prohibiting non-compliance with codes of conduct in some circumstances, and Article 10). However, the 20th recital states: "It is appropriate to provide a role for codes of conduct ... In sectors where there are specific mandatory requirements ... these will also provide evidence as to the requirements of professional