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honest and fair competition principles, and must not mislead its audi-

ence. Nevertheless, further details regarding comparative advertising

have yet to be regulated under secondary legislation.

Art. 4 of Directive 2006/114/EC of the European Parliament and

of the Council of 12 December 2006 concerning Misleading and

Comparative

advertising (“Directive”) m. 4 also foresees that com-

parative advertising shall compare goods or services that meet the

same needs or are intended for the same purpose. The Justification

refers to the Council Directive of 10 September 1983 covering the

same principle. Therefore, the fLCP and the LCP are in line with

European legislation in this respect.

Regulation Provisions

Pursuant to Provisional Art. 1/3 LCP, until the entry into force of

the regulations foreseen under the LCP, the provisions of the secondary

legislation enacted under the fLCP that do not contradict the LCP shall

continue to apply. Commercial advertising was regulated under the for-

mer Regulation governing Principles and Application of Commercial

Advertising and Announcements

(“Former Regulation”) during the

period when the fLCP was in force. This Former Regulation that con-

tinued to apply until the entry into force of the Regulation contains

provisions regulating comparative advertisements.

Pursuant to Art. 11 of the Former Regulation, (a) the goods, ser-

vices or brand names that are subject to comparison cannot be men-

tioned, (b) the goods and services that are subject to comparison must

have same qualities and features, or meet the same needs, or be intend-

ed for the same purpose, and (c) the advertisements must comply with

fair competition principles, and must not deceive the consumer. Thus,

the Former Regulation confirms the equivalence or substitution criteria

foreseen under the LCP (and in the EU Council Directives), and

emphasizes compliance with fair competition principles, as referred to

in the Justifications. However, the Former Regulation foresees an addi-

CONSUMER LAW

343

See

:L:2006:376:0021:0027:EN:

PDF for the English text of the Directive (accessed on 29 January 2015).

RG , 14 June 2013, No. 25138.