Business Marketing Directive: Implementation Appraisal

01-10-2015

Although there has not been yet any specific legislative proposal to amend Directive 2006/114 concerning misleading and comparative advertising, the intention of the European Commission to simplify and consolidate this Directive may tackle some of the problems connected with the current legislation. Parliament repeatedly called for changes and further actions in this field, in particular with regard to prevention of misleading marketing practices and urging the EU Member States to enhance their mutual and cross-border cooperation. In this context, Parliament also often expressed its worries about the current misleading marketing practice of misleading directory companies. Furthermore, Parliament pointed to various inconsistencies with regard to implementation and enforcement of the directive and called for its better implementation and better monitoring. The studies and reports suggested that a revision of the rules prohibiting certain marketing practices strengthening the enforcement of these rules in cross-border cases is needed. Such potential changes can have an impact on legal certainty and improve the prevention of misleading marketing practices. These inconsistencies and implementation and enforcement of the directive present challenges for the legislative proposal which the Commission intends to adopt by the end of 2015.

Although there has not been yet any specific legislative proposal to amend Directive 2006/114 concerning misleading and comparative advertising, the intention of the European Commission to simplify and consolidate this Directive may tackle some of the problems connected with the current legislation. Parliament repeatedly called for changes and further actions in this field, in particular with regard to prevention of misleading marketing practices and urging the EU Member States to enhance their mutual and cross-border cooperation. In this context, Parliament also often expressed its worries about the current misleading marketing practice of misleading directory companies. Furthermore, Parliament pointed to various inconsistencies with regard to implementation and enforcement of the directive and called for its better implementation and better monitoring. The studies and reports suggested that a revision of the rules prohibiting certain marketing practices strengthening the enforcement of these rules in cross-border cases is needed. Such potential changes can have an impact on legal certainty and improve the prevention of misleading marketing practices. These inconsistencies and implementation and enforcement of the directive present challenges for the legislative proposal which the Commission intends to adopt by the end of 2015.