The law on marketing and advertising has undergone profound changes
based on the EU directives on unfair commercial practices and
misleading and comparative advertising. The legislation partially
requires full harmonisation and contains a comprehensive blacklist
of prohibited practices. However, in other areas, only minimum
harmonisation is required. A comprehensive case law from the CJEU
has emerged, but still many issues remain open, unclear and
debated. The EU Commission has an active interest in the field and
has published numerous reports on the question. In addition it has
developed revised, comprehensive guidelines on marketing business
to consumer (B2C), which are fully discussed here. Further
Commission initiatives in the area on business to business (B2B)
marketing are also in the making, underlining the importance of
this new collection.
General
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