MARKETING LAW
Combined offers constitute commercial practices
• Combined offers constitute commercial acts which clearly form part of an operator’s commercial strategy and relate directly to the promotion thereof and its sales development. It follows that they do indeed constitute commercial practices within the meaning of Article 2(d) of the Directive and, consequently, fall within its scope.
Full harmonisation
• Member States may not adopt stricter rules than those provided for in the Directive, even in order to achieve a higher level of consumer protection.
General prohibition
• The Directive must be interpreted as precluding national legislation, such as that at issue in the disputes in the main proceedings, which, with certain exceptions, and without taking account of the specific circumstances, imposes a general prohibition of combined offers made by a vendor to a consumer.
• The courts of the Member States must refrain as far as possible from interpreting domestic law in a manner which might seriously compromise, after the period for transposition has expired, attainment of the objective pursued by that directive.
IPPT20090423, CJEU, VTB-VAB v Total Belgium and Galatea v Sanoma
