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
- advertising 11
- services 10
- directive 8
- trade 8
- goods 8
- shall 7
- provisions 6
- member 5
- marks 5
- states 5
- comparative 4
- products 4
- competitor 4
- does 4
- bans 4
- which 3
- commercial 3
- apply 3
- designation 3
- traders 3
- distinguishing 3
- misleading 3
- unfair 3
- media 3
- same 3
- article 3
- professional 3
- under 3
- particular 2
- origin 2
- comparison 2
- concerned 2
- mark 2
- name 2
- names 2
- permitted 2
- activity 2
- compliance 2
- treaty 2
- the 2
- between 2
- advertiser 2
- more 2
- regarding 2
- practices 2
- exercise 2
- regulating 2
- responsible 2
- organisation 2
- concerning 2
Article 1
The purpose of this Directive is to protect traders against misleading advertising and the unfair consequences thereof and to lay down the conditions under which comparative advertising is permitted.
Article 4
Comparative advertising shall, as far as the comparison is concerned, be permitted when the following conditions are met:
| (a) | it is not misleading within the meaning of Articles 2(b), 3 and 8(1) of this Directive or Articles 6 and 7 of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (‘Unfair Commercial Practices Directive’) (7); |
| (b) | it compares goods or services meeting the same needs or intended for the same purpose; |
| (c) | it objectively compares one or more material, relevant, verifiable and representative features of those goods and services, which may include price; |
| (d) | it does not discredit or denigrate the trade marks, trade names, other distinguishing marks, goods, services, activities or circumstances of a competitor; |
| (e) | for products with designation of origin, it relates in each case to products with the same designation; |
| (f) | it does not take unfair advantage of the reputation of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing products; |
| (g) | it does not present goods or services as imitations or replicas of goods or services bearing a protected trade mark or trade name; |
| (h) | it does not create confusion among traders, between the advertiser and a competitor or between the advertiser's trade marks, trade names, other distinguishing marks, goods or services and those of a competitor. |
Article 8
1. This Directive shall not preclude Member States from retaining or adopting provisions with a view to ensuring more extensive protection, with regard to misleading advertising, for traders and competitors.
The first subparagraph shall not apply to comparative advertising as far as the comparison is concerned.
2. The provisions of this Directive shall apply without prejudice to Community provisions on advertising for specific products and/or services or to restrictions or prohibitions on advertising in particular media.
3. The provisions of this Directive concerning comparative advertising shall not oblige Member States which, in compliance with the provisions of the Treaty, maintain or introduce advertising bans regarding certain goods or services, whether imposed directly or by a body or organisation responsible, under the law of the Member States, for regulating the exercise of a commercial, industrial, craft or professional activity, to permit comparative advertising regarding those goods or services. Where these bans are limited to particular media, this Directive shall apply to the media not covered by these bans.
4. Nothing in this Directive shall prevent Member States, in compliance with the provisions of the Treaty, from maintaining or introducing bans or limitations on the use of comparisons in the advertising of professional services, whether imposed directly or by a body or organisation responsible, under the law of the Member States, for regulating the exercise of a professional activity.
whereas