Misleading advertising and unlawful comparative advertising are two independent infringements
13-05-2014 Print this page
Misleading advertising and unlawful comparative advertising are two independent infringements: in order to prohibit and penalize misleading advertising, it is not necessary that that latter at the same time constitutes unlawful comparative advertising.
"30. With regard to the protection afforded to traders, Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising is to be interpreted as referring to misleading advertising and unlawful comparative advertising as two independent infringements and to the effect that, in order to prohibit and penalise misleading advertising, it is not necessary that that latter at the same time should constitute unlawful comparative advertising."
Where there is a divergence between various language versions of a European Union text, the provisions in question must be interpreted by reference to the general scheme and the purpose of the rules of which they form part.
"21. However, it is settled case-law that the wording used in one language version of European Union law provisions cannot serve as the sole basis for the interpretation of those provisions. Where there is a divergence between the various language versions of a European Union text, the provisions in question must thus be interpreted by reference to the general scheme and the purpose of the rules of which they form part."
C‑52/13 - ECLI:EU:C:2014:150
