European Union : Chapter 5

• Author: Adelheid Janse van Rensburg
• Published date: 01 January 2002
• Date: 01 January 2002
• Pages: 34-38
• DOI: 10.10520/EJC74007

CHAPTER 5

EUROPEAN UNION

European Directive on Comparative Advertising1

Comparative advertising2has quite a history in the European Union. As in

the USA the EC Council, since 1975, states in its policies that comparative

advertising is allowed, because this technique assists consumers to make

better purchasing choices. The first step was taken on 1 March 1978,

when the Commission sent the Council a proposal on the standards to be

implemented for misleading, unfair and comparative advertising. The first

provisions concerning unfair advertising were accepted on 10 September

1984, and implemented in Directive 84/450/EEC. The Draft Directive on

Comparative Advertising was first published in 1991. Since then it has

undergone many amendments untill at last it was approved by a joint

Parliament/Council Conciliation Committee on 25 June 19973and finally

by the European Parliament and the Council Directive on 6 October 1997.

The EC Council found it necessary to formulate the Directive on

Comparative Advertising, because the various Member States have

diverse provisions concerning comparative advertising. As advertising is

used throughout the Community to create outlets for all goods and ser-

vices, this created a problem, for in a common market the basic regula-

tions governing it should be uniform.4The solution was provided in the

form of the Directive to harmonize5these provisions.6It also serves as a

34

1 COM (94) 151 final – COD 343: OJ 1994 C136/4 (Amended Proposal for a

European Parliament and Council Directive concerning comparative advertis-

ing and amending Directive 84/450/EEC (OJ 1991 C180/14) concerning mis-

leading advertising). European parliament and the Council Directive 97/55/EC

of 6 October 1997 amending Directive 84/450/EEC concerning misleading

advertising so as to include comparative advertising. Internet: http://

www.law.nyu.edu/engelbercentre/l...tivewatcinternational/ proposal1997.

htmp.

See Internet: wysiwyg://131/http://www.fs.dk/uk/acts/eu/vild-uk.htmp, as well

as wysiwyg://137/http://www.fs.dk/uk/acts/eu/vild-uk.htmp.

2 The Directive defines comparative advertising in Article 2(a) as “any advertis-

ing which explicitly or by implication identifies a competitor or goods or services

offered by a competitor …”.

3 Harrison 1997: 20.

4 Steckler & Bachmann 1997: 580.

5 The three main objectives of the Directive are: 1) to harmonise the laws and

regulations, 2) to protect consumers and 3) to promote competition. Steckler &

Bachmann 1997: 580.

6 The European Parliament and the Council Directive 97/55/EC of 6 October

1997, amending Directive 84/450/EEC concerning misleading advertising so as

to include comparative advertising, states that “the completion of the internal

market will mean an even wider range of choice; whereas, given that con-

sumers can and must make the best possible use of the internal market, and

that advertising is a very important means of creating genuine outlets for all

goods and services throughout the Community, the basic provisions governing