1. 1 1 © F-D & B, 2002 BALKAN LEGAL FORUM 2002 SOFIA, BULGARIA Dr. Jürgen Brandstätter ADVERTISING ACTIVITIES IN THE LIGHT OF EUROPEAN LAW STANDARDS

2. 2 2 © F-D & B, 2002 Directive 84/450/EEC on misleading advertising Article 2, para. 1 ‚Advertising‘ means the making of a representation in any form in connection with a trade, business, craft or profession in order to promote the supply of goods or services, including immovable property, rights and obligations.

3. 3 3 © F-D & B, 2002 Directive 84/450/EEC on misleading advertising Article 2, para. 2 ‚Misleading Advertising‘ means any advertising which in any way, including its presentation, deceives or is likely to deceive the persons to whom it is addressed or whom it reaches and which, by reason of its deceptive nature, is likely to affect their economic behaviour or which, for those reasons, injures or is likely to injure a competitor.

4. 4 4 © F-D & B, 2002 Directive 97/55/EC on comparative advertising Article 1, para. 3 ‚Comparative Advertising‘ means any advertising which explicitly or by implication identifies a competitor or goods or services offered by a competitor

5. 5 5 © F-D & B, 2002 Directive 97/55/EC on comparative advertising Permitted, if it is not misleading it compares goods and services meeting the same needs or intended for the same purpose and that have the same designation of origin it objectively compares one or more material, relevant, verifiable and representative features of those goods and services, which may include price

6. 6 6 © F-D & B, 2002 Directive 97/55/EC on comparative advertising it does not create confusion with the competitors’ products or trade marks and brand names it does not denigrate competitors’ products, distinctive signs and activities it does not take unfair advantage of the reputation of a competitor’s mark or designation of origin it does not present goods or services as imitation or replicas of protected products

7. 7 7 © F-D & B, 2002 Directive 1999/44/EC on certain aspects of the sale of goods and associated guarantees Article 2 Consumer goods have to meet the expectations of the buyer raised by any public statements on the specific characteristics of the goods made by the seller, the producer or his representative, particularly in advertising or in labelling.

8. 8 8 © F-D & B, 2002 Directive 2000/31/EC on electronic commerce Article 7 Member States which permit unsolicited commercial communication by e-mail shall ensure that such commercial communication by a service provider established in their territory shall be identifiable clearly and unambiguously as such as soon as it is received by the recipient.

9. 9 9 © F-D & B, 2002 Directive 98/43/EC on tobacco advertising and sponsoring The European Court of Justice ruled that the Directive exceeded Art. 95 (former Art. 100a) on which basis it had been adopted.

10. 10 © F-D & B, 2002 Directive 2000/13/EC on labelling, presentation and advertising of foodstuffs Labelling elements are name under which the product is sold list of ingredients quantity of ingredients or categories of ingredients expressed as a percentage net quantity date of minimum durability

11. 11 © F-D & B, 2002 Directive 2000/13/EC on labelling, presentation and advertising of foodstuffs special conditions for keeping or use name or business name and address of the manufacturer or packager or of a vendor established in the Community place of origin or provenance instructions for use indication of the acquired alcohol strength

12. 12 © F-D & B, 2002 Directive 1999/45/EC on classification, packaging and labelling of dangerous goods Labelling elements are the trade name of the preparation and the name and address of the person responsible for placing it on the market

13. 13 © F-D & B, 2002 Directive 1999/45/EC on classification, packaging and labelling of dangerous goods the chemical name of the substance or substances in the preparation. Although this list does not have to be exhaustive, the names of the substances which have given rise to the classification "dangerous preparation" must be indicated

14. 14 © F-D & B, 2002 Directive 1999/45/EC on classification, packaging and labelling of dangerous goods the danger symbols and risk phrases, in accordance with the wording in the annexes to Directive 67/548/EEC relating to the classification, packaging and labelling of dangerous substances. Provisions are also laid down for preparations containing several dangerous substances which require several symbols and risk phrases

15. 15 © F-D & B, 2002 Directive 76/768/EEC on cosmetic products Labelling elements are the name or style and the address or registered office of the manufacturer or person responsible for marketing the cosmetic product who are established within the Community the nominal content at the time of packaging the expiry for products with a stability for less than three years

16. 16 © F-D & B, 2002 Directive 76/768/EEC on cosmetic products particular precautions to be observed in use, and especially those which are listed in the annexes to the Directive, have to be printed either on the label or on the container; where this is impossible for practical reasons, this information must appear on the packaging or on an enclosed leaflet

17. 17 © F-D & B, 2002 Directive 76/768/EEC on cosmetic products the batch number of manufacture or the reference for identifying the goods; however, where this is impossible for practical reasons because the cosmetic articles are too small, such information need appear only on the multiple retail pack or sleeve of these articles

18. 18 © F-D & B, 2002 Directive 2001/83/EC on the Community code relating to medicinal products for human use Minimum labelling elements are the name of the medicinal product the information necessary for correct use of the medicinal product an express, legible invitation to read carefully the instructions on the package leaflet

19. 19 © F-D & B, 2002 Directive 2001/83/EC on the Community code relating to medicinal products for human use Prohibited labelling and advertising statements give the impression that a medical consultation is superfluous suggest that the health of the subject can be enhanced by taking the medicine

20. 20 © F-D & B, 2002 Directive 2001/83/EC on the Community code relating to medicinal products for human use directed exclusively or principally at children refer to a recommendation by scientists, health professionals or persons who, because of their celebrity, could encourage the consumption of medicinal products suggest that the medicinal product is a foodstuff, cosmetic or other consumer product

21. 21 © F-D & B, 2002 Directive 2001/83/EC on the Community code relating to medicinal products for human use suggest that the safety or efficacy of the product is due to the fact that it is natural could, by a description or detailed representation of the case history, lead to erroneous self- diagnosis refer, in improper, alarming or misleading terms, to claims of recovery

22. 22 © F-D & B, 2002 Directive 2001/83/EC on the Community code relating to medicinal products for human use use, in improper, alarming or misleading terms, pictorial representations of changes in the human body caused by disease or injury, or of the action of a medicinal product on the human body mention that the medicinal product has been granted a marketing authorisation