Opinion of the Advocate General — ECLI:EU:C:2013:195
Date: 2013-03-21
Language of the case: Dutch
Subject matter: Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary — Judgment of the Court (Third Chamber), 11 July 2013 1. Questions referred for a preliminary ruling — Jurisdiction of the national court — Assessment as to whether the questions raised are necessary and relevant (Art. 267 TFEU) 2. Questions referred for a preliminary ruling — Jurisdiction of the Court —Identification of relevant EU law (Art. 267 TFEU) 3. Approximation of laws — Misleading and comparative advertising — Directives 84/450 and 2006/114 — Definition of advertising — Registration of a website domain name — Not included — Use of a website domain name and of metatags in a website’s metadata, making reference to a company’s goods, services or trade name — Included (European Parliament and Council Directive 2006/114, Art. 2(a); Council Directive 84/450, Art. 2(1)) 1. See the text of the decision. (see para. 28) 2. See the text of the decision. (see para. 29) 3. Article 2(1) of Directive 84/450 concerning misleading and comparative advertising, as amended by Directive 2005/29, and Article 2(a) of Directive 2006/114 concerning misleading and comparative advertising, must be interpreted as meaning that the term ‘advertising’, as defined by those provisions, covers the use of a domain name and that of metatags in a website’s metadata in a situation where the domain name or the keyword metatags make reference to certain goods or services or to the trade name of a company and constitute a form of representation that is made to potential consumers and suggests to them that they will find a website relating to those goods or services, or relating to that company. The term ‘advertising’, within the meaning of Directives 84/450 and 2006/114, cannot be interpreted and applied in such a way that steps taken by a trader to promote the sale of his products or services that are capable of influencing the economic behaviour of consumers and, therefore, of affecting the competitors of that trader, are not subject to the rules of fair competition imposed by those directives. By contrast, the registration of a domain name, as such, is not encompassed by that term. It is a purely formal act which, in itself, does not necessarily imply that potential consumers can become aware of the domain name and which is therefore not capable of influencing the choice of those potential consumers (see paras 39, 43, 48, 53, 60, operative part)