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Document 61991CJ0126

Povzetek sodbe

Sodba Sodišča z dne 18. maja 1993.
Schutzverband gegen Unwesen in der Wirtschaft e.V. proti Yves Rocher GmbH.
Predlog za sprejetje predhodne odločbe: Bundesgerichtshof - Nemčija.
Prost pretok blaga - Ukrepi z enakim učinkom.
Zadeva C-126/91.

Keywords
Summary

Keywords

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Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Rules prohibiting advertisements making use of comparisons of prices charged on the same product at different times ° Application to an advertising campaign relating to products imported from another Member State ° Not permissible ° Justification ° Protection of consumers ° Fair trading ° None

(EEC Treaty, Art. 30)

Summary

Article 30 of the Treaty is to be interpreted as precluding the application of a rule of law of a Member State which prohibits an undertaking established in that State, carrying on mail order sales by catalogue or sales brochure of goods imported from another Member State, from using advertisements relating to prices in which the new price is displayed so as to catch the eye and reference is made to a higher price shown in a previous catalogue or brochure.

Such a prohibition, by compelling a trader either to adopt advertising or sales promotion schemes which differ from one Member State to another or to discontinue a scheme which he considers to be particularly effective, may constitute an obstacle to imports even if it applies to domestic products and imported products without distinction. In so far as the prohibition affects all eye-catching advertisements making use of price comparisons, whether they are true or false, it cannot be justified by urgent requirements relating either to consumer protection, since the objective pursued can be ensured by measures which are less restrictive of intra-Community trade, or to the protection of fair trading, since correct price comparisons cannot in any way distort the conditions of competition.

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