Case C-371/20: Judgment of the Court (Sixth Chamber) of 2 September 2021 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Peek & Cloppenburg KG, legally represented by Peek & Cloppenburg Düsseldorf Komplementär BV v Peek & Cloppenburg KG, legally represented by Van Graaf Management GmbH (Reference for a preliminary ruling — Consumer protection — Directive 2005/29/EC — Unfair commercial practices — Commercial practices deemed to be unfair in all circumstances — Misleading commercial practices — First sentence of point 11 of Annex I — Advertising campaigns — Use of editorial content in the media to promote a product — Promotion financed by the trader itself — Concept of ‘payment’ — Promotion of sales of the products of the media operator company and of the trader — Advertorial)
Date: 2021-09-02
Institutions: Court of Justice
Subjects: advertising, advertising malpractice, consumer information, mass media, payment, sales promotion








C_2021462EN.01002201.xml










15.11.2021   


EN


Official Journal of the European Union


C 462/22






Judgment of the Court (Sixth Chamber) of 2 September 2021 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Peek & Cloppenburg KG, legally represented by Peek & Cloppenburg Düsseldorf Komplementär BV v Peek & Cloppenburg KG, legally represented by Van Graaf Management GmbH
(Case C-371/20) (1)

(Reference for a preliminary ruling - Consumer protection - Directive 2005/29/EC - Unfair commercial practices - Commercial practices deemed to be unfair in all circumstances - Misleading commercial practices - First sentence of point 11 of Annex I - Advertising campaigns - Use of editorial content in the media to promote a product - Promotion financed by the trader itself - Concept of ‘payment’ - Promotion of sales of the products of the media operator company and of the trader - Advertorial)
(2021/C 462/22)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Peek & Cloppenburg KG, legally represented by Peek & Cloppenburg Düsseldorf Komplementär BV

Defendant: Peek & Cloppenburg KG, legally represented by Van Graaf Management GmbH

Operative part of the judgment

The first sentence of point 11 of Annex I to Directive 2005/29/EC of the European Parliament and of the Council on unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council must be interpreted as meaning that the promotion of a product by the publication of editorial content is ‘paid for’ by a trader, within the meaning of that provision, in the case where that trader provides consideration with an asset value for that publication, whether in the form of payment of a sum of money or in any other form, provided that there is a definite link between the payment thus made by that trader and that publication. That will, inter alia, be the case where that trader makes available, free of charge, images protected by copyright on which are visible the commercial premises and products which it offers for sale.


(1)  OJ C 348, 19.10.2020.