Directive 2006/114/EC - the concepts of "misleading advertising" and "comparative advertising" - national legislation which provides for misleading advertising and unlawful comparative advertising as two separate infringements
2014
Abstract
With regard to the protection afforded to traders, Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising is to be interpreted as referring to 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 that latter at the same time should constitute unlawful comparative advertising.