The European Court of Justice has stated that misleading advertising and unlawful comparative advertising are two independent infringements

Company named Posteshop advertised material which sought to promote its franchise network. Posteshop was fined; however it appealed not favourable decisions made by courts of Italy. The question whether misleading advertising and unlawful comparative advertising shall be deemed two independent infringements and whether or not it is necessary, in order to prohibit and penalise misleading advertising, for that latter to also constitute unlawful comparative advertising.

The Court of Justice held that misleading with regard to the protection afforded to traders, misleading advertising and unlawful comparative advertising as two independent infringements and to the effect that, in order to prohibit and penalise misleading advertising, it is not necessary that latter at the same time should constitute unlawful comparative advertising.

EUROPEAN UNION NEWS