14.1.2006 |
EN |
Official Journal of the European Union |
C 10/10 |
Reference for a preliminary ruling from the Cour d'appel de Bruxelles by judgment of that court of 13 October 2005 in De Lantsheer Emmanuel v Comite Interprofessionnel du vin de Champagne (‘CIVC’) and Veuve Clicquot Ponsardin
(Case C-381/05)
(2006/C 10/20)
Language of the case: French
Reference has been made to the Court of Justice of the European Communities by judgment of the Cour d'appel de Bruxelles (Brussels Court of Appeal) of 13 October 2005, received at the Court Registry on 19 October 2005, for a preliminary ruling in the proceedings between De Lantsheer Emmanuel and Comite Interprofessionnel du vin de Champagne (‘CIVC’) and Veuve Clicquot Ponsardin on the following questions:
1. |
Does the definition of comparative advertising cover advertisements in which the advertiser refers only to a type of product, so that in those circumstances such advertisements must be regarded as referring to all undertakings which offer that type of product, and each of them can claim to have been identified? |
2. |
With a view to determining whether there is a competitive relationship between the advertiser and the undertaking to which reference is made within the meaning of Article 2a of Directive 84/450:
|
3. |
Does a comparison of Article 2(2a) of Directive 84/450 (1) with Article 3a of that directive mean that
|
4. |
If it should be concluded that there has been comparative advertising within the meaning of Article 2(2a), must it be inferred from Article 3a(1)(f) of the Directive that any comparison is unlawful which, in respect of products without designation of origin, relates to products with designation of origin? |
(1) Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising (OJ 1984 L 250, p. 17), as amended by Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997 (OJ 1997 L 290, p. 18)