Delimiting the harmonisation scope of the unfair commercial practices Directive: towards a specific competitive intent requirement? Comment on Anzeige

• Autores: Georgios Anagnostaras, Astéris Pliakos
• Localización: European law review, ISSN 0307-5400, Nº 5, 2014, págs. 701-716
• Idioma: inglés
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• Resumen

  • Nine years after its adoption, the Unfair Commercial Practices Directive continues to give rise to controversy as concerns its scope of application and the national laws that are covered by its provisions. The recent Anzeige ruling suggests that the existence of a specific competitive intent is required in order to bring a commercial representation within the personal scope of the Directive. However, this essentially allows the national legislature to impose more restrictive requirements on advertising in the written media than those allowed by the Unfair Commercial Practices Directive's provisions. The ruling also seems to provide some interesting clarification on the relationship between the Directive and EU legislation on audiovisual media services, authorising in principle the imposition of more restrictive advertising obligations on national broadcasters based on the minimum harmonisation clause of the Audiovisual Media Services Directive