Rechtsliteratur

Misleading and Comparative Advertising Directive, link Unfair Commercial Practices Directive, link

Preisvergleich bei verscheiden großen Geschäften.

The decision of the European Court of Justice from 08. 02. 2017, C-562/15, dealt with the preliminary questions of a Parisian court. The case concerned the price comparison of a larger supermarket chain with smaller shops, whereby the size of the shops was not indicated.

The danger in this approach was seen in the fact that the price difference between the competitors is artificially created and thus, a false impression is created. The Advocate General demanded in his Opinion that the size should be clarified in a "clear manner" and "in the advertising message". The author considers this point concerning since the obligation to inform can become too complicated.