Legal Literature

Unfair Commercial Practices Directive, link

This article gives an annotation to the European Court of Justice's decision in case C-391/12 (referred to as "Anzeige"). The authors comment on the court's decision that the existence of a specific competitive intent is required in order to bring a commercial representation within the personal scope of the Directive, which in the authors' view allows the national legislature to impose more restrictive requirements on advertising in the written media than those allowed by the UCP Directive. The authors also make reference to the ruling's clarification on the relationship between the UCP Directive and EU legislation on audio-visual media services.