Marketing Law

2017

 

IPPT20171206, CJEU, Coty v Parfumerie Akzente

A selective distribution system for luxury goods designed, primarily, to preserve the luxury image of those goods complies with article 101(1) TFEU to the extent that resellers are chosen on the basis of objective criteria of a qualitative nature that are laid down uniformly for all potential resellers and applied in a non-discriminatory fashion and that the criteria laid down do not go beyond what is necessary. On these conditions, article 101(1) TFEU does not preclude a contractual clause which prohibits authorised distributors to use third-party platforms for the internet sale of the contract goods: these being matters to be determined by the referring court. This prohibition does not constitute a restriction of customers or a restriction of passive sales to end users, within the meaning of Article 4(b) and 4(c) of Regulation No 330/2010 regarding vertical agreements and concerted practices. 

 

2012

 

IPPT20121018, CJEU, Purely Creative
Unfair commercial practice when giving the false impression that consumer has already won prize, while consumer has to incur (minimal) costs first to claim the prize

 

2011

 

IPPT20110712, CJEU, L’Oréal v Ebay

No use of trademark by operator of an online marketplace. Nu use "in the course of trade" when an individual sells a productthrough an online marketplace and the transaction does not take place in the context of a commercial activity. Territorial scope: Infringement if offer for sale or promotion of non-EU goods is for consumers within the Union. Sample products: not put on the market. Removal of packaging: infringement if essential information is missing or the reputation of the trade mark is damaged. Infringing use of a trademark in keyword advertisin: when the advertising is unclear or whether the goods concerned originate from the proprietor of the trade mark or from an undertaking economically linked to that proprietor or, on the contrary, originate from a third party. No liability of operator of online marketplace when there is no active role and a "notice and take-down" policy. Court order against operator of an online marketplace regarding future infringements possible.

 

IPPT20111013, CJEU, Pierre Fabre Dermo Cosmetique

A contractual clause in the context of a selective distribution system that bans online sale of cosmetics and personal care products amounts to a restriction of competition within the meaning of provision 101(1) TFEU when it is apparent that, having regard to the properties of the products at issue, that clause is not objectively justified: it is for the referring court to examine whether the clause can be justified by a legitimate aim, the need to provide individual advice to the customers is not accepted as legitimate aim in the context of non-prescription medicines, the aim of maintaining a prestigious image is also not a legitimate aim for restricting competition. Article 4(c) of Regulation No 2790/1999 must be interpreted as meaning that the block exemption provided for in Article 2 of that regulation does not apply to the clause at cause: it cannot be regarded as a clause prohibiting members of the selective distribution system concerned from operating out of an unauthorised place of establishment within that article.

 

IPPT20110630, CJEU, Wamo v JBC

Applicability of Unfair Commercial Practices Directive limited to consumer protection. General prohibition of announcements of price reductions during period preceding sales precluded.

 

IPPT20110512, CJEU, Konsumentombudsman v Ving

Unfair trade practices: Reference only to entry-level price not in itself a misleading omission: Reference to website for product characteristics may be allowed

 

2010

 

IPPT20101109, CJEU, Mediaprint v Österreich
Offer linked to purchase of newspaper not as such an unfiar commercial practice: to be verified whether it is contrary to requirements of professional diligence. In the light of the whole of the above, the answer to the first question must be that the Directive must be interpreted as precluding a national provision, such as that at issue in the main proceedings, which lays down a general prohibition on sales with bonuses and is not only designed to protect consumers but also pursues other objectives.

 

IPPT20100415, CJEU, Heine v Verbracherzentrale

Right of withdrawal: consumer may not be charged with the cost of delivering the goods: Article 6(1) and Article 6(2) of Directive 97/7/EC must be interpreted as precluding national legislation which allows the supplier under a distance contract to charge the costs of delivering the goods to the consumer where the latter exercises his right of withdrawal.

 

IPPT20100114, CJEU, Wettbewerbzentrale v Plus

Application of the Directive regarding unfair commercial practices: Scope ratione materiae which extends to any commercial practice directly connected with the promotion, sale or supply of a product to consumers. By establishing a prohibition in principle of practices which make the participation of consumers in a lottery or prize competition conditional on the purchase of goods or use of services, national legislation does not meet the requirements of Directive 2005/29.

 

2009

 

IPPT20090423, ECJ, VTB-VAB v Total Belgium and Galatea v Sanoma

The Directive must be interpreted as precluding national legislation 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. Full harmonisation by the Directive.

 

IPPT20090219, ECJ, LSG v Tele2
Obligation to disclose to private third parties personal data relating to Internet traffic in relation to copyright infringement allowed. Internet access providers are intermediaries

 

2008

 

IPPT20081016, ECJ, Bundesverband v Deutsche Internet Versicherung

Contactinformation serviceprovider: a service provider is required to supply, before the conclusion of a contract, in addition to its electronic mail address, other information, which does not necessarily have to be a telephone number.

 

IPPT20080313, ECJ, Schneider v Rheinland-Pfalz

The use of a particular relating to the production or ageing method or the quality of a wine may be permitted under those provisions only if there is no risk that it will mislead the persons to whom it is addressed by creating confusion between that particular and the other traditional terms.

 

1989

 

IPPT1990512, ECJ, Ottung

A contractual obligation under which the grantee of a licence for a patented invention is required to pay royalty for an indeterminate period, and thus after the expiry of the patent, does not in itself constitute a restriction of competition within the meaning of Article 85(1) of the EEC Treaty, if the agreement was entered into after the patent application was submitted and before the grant of the patent.

 

1983

 

IPPT19830317, ECJ, Berliner Kindl Weisse Bier
The extension to imported beer of national rules prohibiting the marketing of beer which does not comply with the conditions on acidity is an injustifie obstacle to the free movement of goods between member states