Directive 1984/450 - Approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1984/450
Original proposal	COM(1977)724
CELEX number i	31984L0450

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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

Official Journal L 250 , 19/09/1984 P. 0017 - 0020

Finnish special edition: Chapter 15 Volume 4 P. 0211

Spanish special edition: Chapter 15 Volume 5 P. 0055

Swedish special edition: Chapter 15 Volume 4 P. 0211

Portuguese special edition Chapter 15 Volume 5 P. 0055

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COUNCIL DIRECTIVE

of 10 September 1984

relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising

(84/450/EEC)

THE COUNCIL OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas the laws against misleading advertising now in force in the Member States differ widely; whereas, since advertising reaches beyond the frontiers of individual Member States, it has a direct effect on the establishment and the functioning of the common market;

Whereas misleading advertising can lead to distortion of competition within the common market;

Whereas advertising, whether or not it induces a contract, affects the economic welfare of consumers;

Whereas misleading advertising may cause a consumer to take decisions prejudicial to him when acquiring goods or other property, or using services, and the differences between the laws of the Member States not only lead, in many cases, to inadequate levels of consumer protection, but also hinder the execution of advertising campaigns beyond national boundaries and thus affect the free circulation of goods and provision of services;

Whereas the second programme of the European Economic Community for a consumer protection and information policy (4) provides for appropriate action for the protection of consumers against misleading and unfair advertising;

Whereas it is in the interest of the public in general, as well as that of consumers and all those who, in competition with one another, carry on a trade, business, craft or profession, in the common market, to harmonize in the first instance national provisions against misleading advertising and that, at a second stage, unfair advertising and, as far as necessary, comparative advertising should be dealt with, on the basis of appropriate Commission proposals;

Whereas minimum and objective criteria for determining whether advertising is misleading should be established for this purpose;

Whereas the laws to be adopted by Member States against misleading advertising must be adequate and effective;

Whereas persons or organizations regarded under national law as having a legitimate interest in the matter must have facilities for initiating proceedings against misleading advertising, either before a court or before an administrative authority which is competent to decide upon complaints or to initiate appropriate legal proceedings;

Whereas it should be for each Member State to decide whether to enable the courts or administrative authorities to require prior recourse to other established means of dealing with the complaint;

Whereas the courts or administrative authorities must have powers enabling them to order or obtain the cessation of misleading advertising;

Whereas in certain cases it may be desirable to prohibit misleading advertising even before it is published; whereas, however, this in no way implies that Member States are under an obligation to introduce rules requiring the systematic prior vetting of advertising;

Whereas provision should be made for accelerated procedures under which measures with interim or definitive effect can be taken;

Whereas it may be...

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