Proposal for a Directive of the European Parliament and of the Council concerning misleading and comparative advertising (codified version)
Date: 2006-05-19
Institutions: European Commission
Subjects: EC Directive, advertising malpractice, codification of EU law, comparative advertising

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.05.2006 
COM(2006) 222 final 

2006/0070(COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning misleading and comparative advertising 

(codified version) 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
 
 
EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinsitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative 
advertising3.  The  new  Directive  will  supersede  the  various  acts  incorporated  in  it4; 
this proposal fully preserves the content of the acts being codified and hence does no 
more than bring them together with only such formal amendments as are required by 
the codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex I, Part A of this proposal. 

1. 

2. 

3. 

4. 

1 
2 
3 

4 

EN 

2 

   EN 

 
                                                 
5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in all official languages, of Directive 84/450/EEC and the instruments amending it, 
carried out by the Office for Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old and  the  new  numbers  is  shown  in  a  table 
contained in Annex II to the codified Directive. 

EN 

3 

   EN 

 
(cid:208) 97/55/EC Art. 1 pt. 1 

2006/0070(COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning misleading and comparative advertising 

(Text with EEA relevance) 

(cid:208) 84/450/EEC (adapted) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
⌦ 95 ⌫ thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Economic and Social Committee5, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty6, 

Whereas: 

(1) 

Council  Directive  84/450/EEC  of  10  September  1984  concerning  misleading  and 
comparative  advertising7  has  been  substantially  amended  several  times8.  In  the 
interests of clarity and rationality the said Directive should be codified. 

(cid:208)  

(2) 

The laws against misleading advertising in force in the Member States differ widely. 
Since  advertising  reaches  beyond  the  frontiers  of  individual  Member  States,  it  has  a 
direct effect on the ⌦ smooth ⌫ functioning of the ⌦ internal ⌫ market. 

(cid:208) 84/450/EEC Recital 1 (adapted) 

5 
6 
7 

8 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ  L  250,  19.9.1984,  p.  17.  Directive  as  last  amended  by  Directive  2005/29/EC  of  the  European 
Parliament and of the Council (OJ L 149, 11.6.2005, p. 22). 
See Annex I, Part A. 

EN 

4 

   EN 

 
 
 
 
 
                                                 
(3)  Misleading  ⌦ and  unlawful  comparative ⌫  advertising  can  lead  to  distortion  of 

competition within the ⌦ internal ⌫ market. 

(cid:208) 84/450/EEC Recital 2 (adapted) 

(4) 

Advertising,  whether  or  not  it  induces  a  contract,  affects  the  economic  welfare  of 
consumers ⌦ and traders ⌫. 

(cid:208) 84/450/EEC Recital 3 (adapted) 

(5) 

The  differences  between  the  laws  of  the  Member  States  ⌦ on  advertising  which 
misleads business ⌫ hinder the execution of advertising campaigns beyond national 
boundaries and thus affect the free circulation of goods and provision of services. 

(cid:208) 84/450/EEC Recital 4 (adapted) 

(cid:208) 97/55/EC Recital 2 (adapted) 

(6) 

The  completion  of  the  internal  market  ⌦ means  a  wide ⌫  range  of  choice.  Given 
that  consumers  ⌦ and  traders ⌫  can  and  must  make  the  best  possible  use  of  the 
internal  market,  and  that  advertising  is  a  very  important  means  of  creating  genuine 
outlets  for  all  goods  and  services  throughout  the  Community,  the  basic  provisions 
governing the form and content of comparative advertising should be uniform and the 
conditions  of  the  use  of  comparative  advertising  in  the  Member  States  should  be 
harmonised.  If  these  conditions  are  met,  this  will  help  demonstrate  objectively  the 
merits of the various comparable products. Comparative advertising can also stimulate 
competition between suppliers of goods and services to the consumer’s advantage. 

(7)  Minimum and objective criteria for determining whether ⌦ business to business ⌫ 

advertising is misleading should be established. 

(cid:208) 84/450/EEC Recital 7 (adapted) 

(cid:208) 97/55/EC Recital 5 and 6 
(adapted) 

(8) 

Comparative  advertising,  when  it  compares  material,  relevant,  verifiable  and 
representative features and is not misleading, may be a legitimate means of informing 
consumers  of  their  advantage.  ⌦ It  is  desirable  to  provide  a  broad  concept  of 
comparative advertising to cover all modes of comparative advertising. ⌫ 

EN 

5 

   EN 

 
 
 
 
 
 
 
(cid:208) 97/55/EC Recital 7 

(9) 

Conditions  of  permitted  comparative  advertising,  as  far  as  the  comparison  is 
concerned,  should  be  established  in  order  to  determine  which  practices  relating  to 
comparative  advertising  may  distort  competition,  be  detrimental  to  competitors  and 
have an adverse effect on consumer choice. Such conditions of permitted advertising 
should include criteria of objective comparison of the features of goods and services. 

(10)  The  international  conventions  on  copyright  as  well  as  the  national  provisions  on 
contractual and non-contractual liability should apply when the results of comparative 
tests  carried  out  by  third  parties  are  referred  to  or  reproduced  in  comparative 
advertising. 

(cid:208) 97/55/EC Recital 10 

(11)  The conditions of comparative advertising should be cumulative and respected in their 
entirety.  In  accordance  with  the  Treaty,  the  choice  of  forms  and  methods  for  the 
implementation  of  these  conditions  should  be  left  to  the  Member  States,  insofar  as 
those forms and methods are not already determined by this Directive. 

(cid:208) 97/55/EC Recital 11 

(cid:208) 97/55/EC Recital 12 

(12)  These  conditions  should  include,  in  particular,  consideration  of  the  provisions 
resulting  from  Council  Regulation  (EEC)  No  2081/92  of  14  July  1992  on  the 
protection  of  geographical  indications  and  designations  of  origin  for  agricultural 
products  and  foodstuffs9,  and  in  particular  Article  13  thereof,  and  of  the  other 
Community provisions adopted in the agricultural sphere. 

(cid:208) 97/55/EC Recital 13  

(13)  Article 5 of First Council Directive 89/104/EEC of 21 December 1988 to approximate 
the laws of the Member States relating to trade marks10 confers exclusive rights on the 
proprietor  of  a  registered  trade  mark,  including  the  right  to  prevent  all  third  parties 
from  using,  in  the  course  of  trade,  any  sign  which  is  identical  to,  or  similar  to,  the 
trade mark in relation to identical goods or services or even, where appropriate, other 
goods. 

9 

10 

OJ  L  208,  24.7.1992,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  806/2003  (OJ  L  122, 
16.5.2003, p. 1). 
OJ L 40, 11.2.1989, p. 1. Directive as last amended by Decision 92/10/EEC (OJ L 6, 11.1.1992, p. 35). 

EN 

6 

   EN 

 
 
 
 
 
 
                                                 
(14) 

It may, however, be indispensable, in order to make comparative advertising effective, 
to identify the goods or services of a competitor, making reference to a trade mark or 
trade name of which the latter is the proprietor. 

(cid:208) 97/55/EC Recital 14 

(15)  Such use of another’s trade mark, trade name or other distinguishing marks does not 
breach this exclusive right in cases where it complies with the conditions laid down by 
this Directive, the intended target being solely to distinguish between them and thus to 
highlight differences objectively. 

(cid:208) 97/55/EC Recital 15 

(cid:208) 84/450/EEC Recital 9 (adapted) 

(16)  Persons or organisations regarded under national law as having a legitimate interest in 
the matter should have facilities for initiating proceedings against misleading ⌦ and 
unlawful comparative ⌫ advertising, either before a court or before an administrative 
authority which is competent to decide upon complaints or to initiate appropriate legal 
proceedings. 

(cid:208) 84/450/EEC Recitals 11 and 12 
(adapted) 

(17)  The courts or administrative authorities should have powers enabling them to order or 
obtain the cessation of misleading ⌦ and unlawful comparative ⌫ advertising. ⌦ In 
certain  cases  it  may  be  desirable  to  prohibit  misleading  and  unlawful  comparative 
advertising even before it is published. However, this in no way implies that Member 
States are under an obligation to introduce rules requiring the systematic prior vetting 
of advertising. ⌫ 

(18)  The  voluntary  control  exercised  by  self-regulatory  bodies  to  eliminate  misleading 
⌦ or  unlawful  comparative ⌫  advertising  may  avoid  recourse  to  administrative  or 
judicial action and ought therefore to be encouraged. 

(cid:208) 84/450/EEC Recital 16 
(adapted) 

(19)  National  self-regulatory  bodies  may  coordinate  their  work  through  associations  or 
organisations  established  at  Community  level  and  inter  alia  deal  with  cross-border 
complaints. 

(cid:208) 97/55/EC Recital 17 

EN 

7 

   EN 

 
 
 
 
 
 
 
(20)  While it is for national law to determine the burden of proof, it is appropriate to enable 
courts  and  administrative  authorities  to  require  traders  to  produce  evidence  as  to  the 
accuracy of factual claims they have made. 

(cid:208) 2005/29/EC Recital 21 
(adapted) 

(cid:208) 97/55/EC Recital 23 

(21)  Regulating  comparative  advertising  is,  under  the  conditions  set  out  in  this  Directive, 
necessary for the smooth running of the internal market. Action at Community level is 
therefore required. The adoption of a Directive is the appropriate instrument because it 
lays down uniform general principles while allowing the Member States to choose the 
form and appropriate method by which to attain these objectives. It is in accordance 
with the principle of subsidiarity. 

(22)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating  to  the  time-limits  for  transposition  into  national  law  and  application  of  the 
Directives set out in Annex I, Part B, 

(cid:208)  

HAVE ADOPTED THIS DIRECTIVE: 

(cid:208) 84/450/EEC 

(cid:208) 2005/29/EC Art. 14 pt. 1 

Article 1 

The  purpose  of  this  Directive  is  to  protect  traders  against  misleading  advertising  and  the 
unfair  consequences  thereof  and  to  lay  down  the  conditions  under  which  comparative 
advertising is permitted. 

(cid:208) 84/450/EEC 

Article 2 

For the purposes of this Directive: 

(a) 

‘advertising’ means the making of a representation in any form in connection with a 
trade,  business,  craft  or  profession  in  order  to  promote  the  supply  of  goods  or 
services, including immovable property, rights and obligations; 

EN 

8 

   EN 

 
 
 
 
 
 
 
(b) 

‘misleading  advertising’  means  any  advertising  which  in  any  way,  including  its 
presentation, deceives or is likely to deceive the persons to whom it is addressed or 
whom it reaches and which, by reason of its deceptive nature, is likely to affect their 
economic  behaviour  or  which,  for  those  reasons,  injures  or  is  likely  to  injure  a 
competitor; 

(c) 

‘comparative  advertising’ means any  advertising which  explicitly or by implication 
identifies a competitor or goods or services offered by a competitor; 

(cid:208) 97/55/EC Art. 1 pt. 3 

(d) 

‘trader’ means any natural or legal person who is acting for purposes relating to his 
trade, craft, business or profession and any one acting in the name of or on behalf of 
a trader; 

(cid:208) 2005/29/EC Art. 14 pt. 2, first 
indent 

(cid:208) 2005/29/EC Art. 14 pt. 2, 
second indent 

(e) 

‘code  owner’  means  any  entity,  including  a  trader  or  group  of  traders,  which  is 
responsible  for  the  formulation  and  revision  of  a  code  of  conduct  and/or  for 
monitoring compliance with the code by those who have undertaken to be bound by 
it. 

(cid:208) 84/450/EEC 

Article 3 

In  determining  whether  advertising  is  misleading,  account  shall  be  taken  of  all  its  features, 
and in particular of any information it contains concerning: 

(a) 

(b) 

(c) 

the characteristics of goods or services, such as their availability, nature, execution, 
composition, method and date of manufacture or provision, fitness for purpose, uses, 
quantity,  specification,  geographical  or  commercial  origin  or  the  results  to  be 
expected from their use, or the results and material features of tests or checks carried 
out on the goods or services; 

the price or the manner in which the price is calculated, and the conditions on which 
the goods are supplied or the services provided; 

the nature, attributes and rights of the advertiser, such as his identity and assets, his 
qualifications and ownership of industrial, commercial or intellectual property rights 
or his awards and distinctions. 

EN 

9 

   EN 

 
 
 
 
 
(cid:208) 2005/29/EC Art. 14 pt. 3 

Article 4 

Comparative advertising shall, as far as the comparison is concerned, be permitted when the 
following conditions are met: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

it is not misleading within the meaning of Articles 2(b), 3 and 8(1) of this Directive 
or Articles 6 and 7 of Directive 2005/29/EC of the European Parliament and of the 
Council11; 

it  compares  goods  or  services  meeting  the  same  needs  or  intended  for  the  same 
purpose; 

it objectively compares one or more material, relevant, verifiable and representative 
features of those goods and services, which may include price; 

it does not discredit or denigrate the trade marks, trade names, other distinguishing 
marks, goods, services, activities, or circumstances of a competitor; 

for  products  with  designation  of  origin,  it  relates  in  each  case  to  products  with  the 
same designation; 

it  does  not  take  unfair  advantage  of  the  reputation  of  a  trade  mark,  trade  name  or 
other  distinguishing  marks  of  a  competitor  or  of  the  designation  of  origin  of 
competing products; 

it  does  not  present  goods  or  services  as  imitations  or  replicas  of  goods  or  services 
bearing a protected trade mark or trade name; 

it does not create confusion among traders, between the advertiser and a competitor 
or  between  the  advertiser's  trade  marks,  trade  names,  other  distinguishing  marks, 
goods or services and those of a competitor. 

(cid:208) 84/450/EEC 

Article 5 

(cid:208) 2005/29/EC Art. 14 pt. 4 
(adapted) 

1. Member States shall ensure that adequate and effective means exist to combat misleading 
advertising ⌦ and ⌫ enforce compliance with the provisions on comparative advertising in 
the interests of traders and competitors. 

11 

OJ L 149, 11.6.2005, p. 22. 

EN 

10 

   EN 

 
 
 
 
                                                 
Such  means  shall  include  legal  provisions  under  which  persons  or  organisations  regarded 
under  national  law  as  having  a  legitimate  interest  in  combating  misleading  advertising  or 
regulating comparative advertising may: 

(cid:208) 2005/29/EC Art. 14 pt. 4 

(a) 

take legal action against such advertising; 

or 

(b) 

bring such advertising before an administrative authority competent either to decide 
on complaints or to initiate appropriate legal proceedings. 

2. It shall be for each Member State to decide which of the facilities referred to in the second 
subparagraph  of  paragraph  1  shall  be  available  and  whether  to  enable  the  courts  or 
administrative authorities to require prior recourse to other established means of dealing with 
complaints, including those referred to in Article 6. 

It shall be for each Member State to decide: 

(a) 

whether these legal facilities may be directed separately or jointly against a number 
of traders from the same economic sector; 

and 

(b) 

whether  these  legal  facilities  may  be  directed  against  a  code  owner  where  the 
relevant code promotes non-compliance with legal requirements. 

3. Under the provisions referred to in paragraph 1, Member States shall confer upon the courts 
or administrative authorities powers enabling them, in cases where they deem such measures 
to  be  necessary  taking  into  account  all  the  interests  involved  and  in  particular  the  public 
interest: 

(cid:208) 84/450/EEC (adapted) 

(cid:208) 97/55/EC Art. 1 pt. 6(a) 
(adapted) 

(a) 

(b) 

to order the cessation of, or to institute appropriate legal proceedings for an order for 
the cessation of, misleading advertising or ⌦ unlawful ⌫ comparative advertising; 
or 

if the misleading advertising or ⌦ unlawful ⌫ comparative advertising has not yet 
been published but publication is imminent, to order the prohibition of, or to institute 
appropriate legal proceedings for an order for the prohibition of, such publication. 

EN 

11 

   EN 

 
 
 
 
(cid:208) 84/450/EEC (adapted) 

⌦ The  first  subparagraph  shall  apply  even  where  there  is  no ⌫  proof  of  actual  loss  or 
damage or of intention or negligence on the part of the advertiser. 

Member States shall make provision for the measures referred to in the first subparagraph to 
be  taken  under  an  accelerated  procedure  ⌦ either  with  interim  effect,  or  with  definitive 
effect, at the Member States’ discretion. ⌫ 

(cid:208) 97/55/EC Art. 1 pt. 6(b) 
(adapted) 

4.  Member  States  may  confer  upon  the  courts or  administrative authorities powers enabling 
them,  with  a  view  to  eliminating  the  continuing  effects  of  misleading  advertising  or 
⌦ unlawful ⌫ comparative advertising, the cessation of which has been ordered by a final 
decision: 

(cid:208) 84/450/EEC 

(a) 

to require publication of that decision in full or in part and in such form as they deem 
adequate; 

(b) 

to require in addition the publication of a corrective statement. 

5.  The  administrative  authorities  referred  to  in  point  (b)  of  the  second  subparagraph  of 
paragraph 1 must: 

(a) 

(b) 

be composed so as not to cast doubt on their impartiality; 

have adequate powers, where they decide on complaints, to monitor and enforce the 
observance of their decisions effectively; 

(c) 

normally give reasons for their decisions. 

6.  Where  the  powers  referred  to  in  paragraphs  3  and  4  are  exercised  exclusively  by  an 
administrative authority, reasons for its decisions shall always be given. In this case, provision 
must be made for procedures whereby improper or unreasonable exercise of its powers by the 
administrative authority or improper or unreasonable failure to exercise the said powers can 
be the subject of judicial review. 

EN 

12 

   EN 

 
 
 
 
(cid:208) Corrigendum 97/55/EC (OJ L 
194, 10.7.1998, p. 54) 

Article 6 

This Directive does not exclude the voluntary control, which Member States may encourage, 
of  misleading  or  comparative  advertising  by  self-regulatory  bodies  and  recourse  to  such 
bodies by the persons or organisations referred to in the second subparagraph of Article 5(1) 
on condition that proceedings before such bodies are additional to the court or administrative 
proceedings referred to in that Article. 

(cid:208) 84/450/EEC (adapted) 

Article 7 

Member  States  shall  confer  upon  the  courts  or  administrative  authorities  powers  enabling 
them in the civil or administrative proceedings ⌦ referred to ⌫ in Article 5: 

(cid:208) 97/55/EC Art. 1 pt. 8 

(a) 

to  require  the  advertiser  to  furnish  evidence  as  to  the  accuracy  of  factual  claims  in 
advertising  if,  taking  into  account  the  legitimate  interest  of  the  advertiser  and  any 
other party to the proceedings, such a requirement appears appropriate on the basis of 
the circumstances of the particular case and in the case of comparative advertising to 
require the advertiser to furnish such evidence in a short period of time; and 

(b) 

to consider factual claims as inaccurate if the evidence demanded in accordance with 
point  (a)  is  not  furnished  or  is  deemed  insufficient  by  the  court  or  administrative 
authority. 

(cid:208) 84/450/EEC 

(cid:208) 97/55/EC Art. 1 pt. 9 

Article 8 

1. This Directive shall not preclude Member States from retaining or adopting provisions with 
a  view  to  ensuring  more  extensive  protection,  with  regard  to  misleading  advertising,  for 
traders and competitors. 

(cid:208) 2005/29/EC Art. 14 pt. 5 

EN 

13 

   EN 

 
 
 
 
 
 
 
(cid:208) 97/55/EC Art. 1 pt. 9 

The first subparagraph shall not apply to comparative advertising as far as the comparison is 
concerned. 

2. The provisions of this Directive shall apply without prejudice to Community provisions on 
advertising  for  specific  products  and/or  services  or  to  restrictions  or  prohibitions  on 
advertising in particular media. 

3.  The  provisions  of  this  Directive  concerning  comparative  advertising  shall  not  oblige 
Member States which, in compliance with the provisions of the Treaty, maintain or introduce 
advertising bans regarding certain goods or services, whether imposed directly or by a body 
or organisation responsible, under the law of the Member States, for regulating the exercise of 
a  commercial,  industrial,  craft  or  professional  activity,  to  permit  comparative  advertising 
regarding  those  goods  or  services.  Where  these  bans  are  limited  to  particular  media,  the 
Directive shall apply to the media not covered by these bans. 

4. Nothing in this Directive shall prevent Member States, in compliance with the provisions of 
the Treaty, from maintaining or introducing bans or limitations on the use of comparisons in 
the  advertising  of  professional  services,  whether  imposed  directly  or  by  a  body  or 
organisation responsible, under the law of the Member States, for regulating the exercise of a 
professional activity. 

(cid:208) 84/450/EEC (adapted) 

Article 9 

Member States shall communicate to the Commission the text of ⌦ the main ⌫ provisions 
of national law which they adopt in the field covered by this Directive. 

(cid:208)  

Article 10 

Directive  84/450/EEC,  as  amended  by  the  Directives  listed  in  Annex  I,  Part  A,  is  repealed, 
without  prejudice  to  the  obligations  of  the  Member  States  relating  to  the  time-limits  for 
transposition into national law and application of the Directives set out in Annex I, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table set out in Annex II. 

This Directive shall enter into force on 12 December 2007. 

Article 11 

EN 

14 

   EN 

 
 
 
 
(cid:208) 84/450/EEC 

Article 12 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 
[…] 

For the Council 
The President 

EN 

15 

   EN 

 
 
 
(cid:207) 

ANNEX I 

Part A 

Repealed Directive with its successive amendments 
(referred to in Article 10) 

Council Directive 84/450/EEC 
(OJ L 250, 19.9.1984, p. 17) 

Directive 97/55/EC of the European Parliament 
and of the Council 
(OJ L 290, 23.10.1997, p. 18) 

Directive 2005/29/EC of the European Parliament 
and of the Council 
(OJ L 149, 11.6.2005, p. 22) 

only Article 14 

Part B 

List of time-limits for transposition into national law and application 
(referred to in Article 10) 

Directive 

Time-limit for transposition 

Date of application 

84/450/EEC 

1 October 1986 

97/55/EC 

23 April 2000 

- 

- 

2005/29/EC 

12 June 2007 

12 December 2007 

__________ 

EN 

16 

   EN 

 
 
 
 
ANNEX II 

CORRELATION TABLE 

Directive 84/450/EEC 

This Directive 

Article 1 

Article 1 

Article 2, introductory words 

Article 2, introductory words 

Article 2, point 1 

Article 2, point 2 

Article 2, point 2a 

Article 2, point 3 

Article 2, point 4 

Article 3 

Article 3a(1) 

Article  4(1), 
sentence 

Article 2(a) 

Article 2(b) 

Article 2(c) 

Article 2(d) 

Article 2(e) 

Article 3 

Article 4 

first 

subparagraph, 

first 

Article 5(1), first subparagraph 

Article  4(1),  first  subparagraph,  second 
sentence 

Article 5(1), second subparagraph 

Article 4(1), second subparagraph 

Article 5(2), first subparagraph 

Article 4(1), third subparagraph 

Article 5(2), second subparagraph 

Article 4(2), first subparagraph introductory 
words 

Article 5(3), first subparagraph introductory 
words 

Article 4(2), first subparagraph first indent 

Article 5(3), first subparagraph point (a) 

Article  4(2),  first  subparagraph  second 
indent 

Article 5(3), first subparagraph point (b) 

Article 4(2), first subparagraph final words  Article 5(3), second subparagraph 

Article 
introductory words 

4(2), 

second 

subparagraph 

Article 5(3), third subparagraph 

Article  4(2),  second  subparagraph  first 
indent 

Article 5(3), third subparagraph 

Article  4(2),  second  subparagraph  second 
indent 

Article 5(3), third subparagraph 

EN 

17 

   EN 

 
Article  4(2),  second  subparagraph  final 
words 

Article 5(3), third subparagraph 

Article 
introductory words 

4(2), 

third 

subparagraph 

Article 5(4), introductory words 

Article 4(2), third subparagraph first indent  Article 5(4), point (a) 

Article  4(2),  third  subparagraph  second 
indent 

Article 5(4), point (b) 

Article 4(3), first subparagraph 

Article 5(5) 

Article 4(3), second subparagraph 

Article 5(6) 

Article 5 

Article 6 

Article 7(1) 

Article 7(2) 

Article 7(3) 

Article 7(4) 

Article 7(5) 

Article 8, first subparagraph 

Article 8, second subparagraph 

_____ 

_____ 

Article 9 

_____ 

_____ 

Article 6 

Article 7 

Article 8(1), first subparagraph 

Article 8(1), second subparagraph 

Article 8(2) 

Article 8(3) 

Article 8(4) 

_____ 

Article 9 

Article 10 

Article 11 

Article 12 

Annex I 

Annex II 

__________ 

EN 

18 

   EN