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.
“Communication” to the public by providing access to works via television and radio devices in rooms of spa establishment.
"25. First of all, the concept of ‘communication’ must be construed as referring to any transmission of the protected works, irrespective of the technical means or process used (Joined Cases C‑403/08 and C‑429/08 Football Association Premier League and Others  ECR I‑9083, paragraph 193).
Provision of clickable links is an act of communication: making available to indeterminate and fairly large number of recipients.
"20. It follows that in circumstances such as those in the case in the main proceedings, the provision of clickable links to protected works must be considered to be ‘making available’ and, therefore, an ‘act of communication’, within the meaning of that provision.
‘Due cause’ may also relate tot the subjective interest of a third party using a sign which is identical or similar to the mark with a reputation.
"45. It follows that the concept of ‘due cause’ may not only include objectively overriding reasons but may also relate to the subjective interests of a third party using a sign which is identical or similar to the mark with a reputation."
Council Regulation 1383/2003: affords protection over goods sold through an online sales website in a non-member country from the moment that the goods enter the territory of the Member State, irrespective of whether the goods were subject of an offer for sale or advertising targeting consumers of that State, prior to the sale.