keyboard_tab Fair Advertising 2006/0114 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- which 5
- means 5
- advertising 4
- likely 3
- including 3
- advertising’ 3
- evidence 3
- advertiser 3
- or is 3
- competitor 3
- administrative 3
- case 2
- article 2
- proceedings 2
- whom 2
- require 2
- such 2
- furnish 2
- factual 2
- acting 2
- trader 2
- claims 2
- purposes 2
- code 2
- trade 2
- business 2
- profession 2
- craft 2
- goods 2
- services 2
- courts 1
- civil 1
- referred 1
- powers 1
- to in 1
- article : 1
- authorities 1
- upon 1
- them 1
- confer 1
- shall 1
- accuracy 1
- states 1
- enabling 1
- requirement 1
- taking 1
- short 1
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- insufficient 1
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Article 2
For the purposes of this Directive:
| (a) | ‘ 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; |
| (b) | ‘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; |
| (c) | ‘comparative advertising’ means any advertising which explicitly or by implication identifies a competitor or goods or services offered by a competitor; |
| (d) | ‘ trader’ means any natural or legal person who is acting for purposes relating to his trade, craft, business or profession and anyone acting in the name of or on behalf of a trader; |
| (e) | ‘ code_owner’ means any entity, including a trader or group of traders, which is responsible for the formulation and revision of a code of conduct and/or for monitoring compliance with the code by those who have undertaken to be bound by it. |
Article 7
Member States shall confer upon the courts or administrative authorities powers enabling them in the civil or administrative proceedings referred to in Article 5:
| (a) | to require the advertiser to furnish evidence as to the accuracy of factual claims in advertising if, taking into account the legitimate interest of the advertiser and any other party to the proceedings, such a requirement appears appropriate on the basis of the circumstances of the particular case and in the case of comparative advertising to require the advertiser to furnish such evidence in a short period of time; and |
| (b) | to consider factual claims as inaccurate if the evidence demanded in accordance with point (a) is not furnished or is deemed insufficient by the court or administrative authority. |
whereas