CELEX: 62009CN0159
Language: en
Date: 2009-05-08 00:00:00
Title: Case C-159/09: Reference for a preliminary ruling from the Tribunal de commerce de Bourges (France) lodged on 8 May 2009 — Lidl SNC v Vierzon Distribution SA

1.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 180/27
            
         Reference for a preliminary ruling from the Tribunal de commerce de Bourges (France) lodged on 8 May 2009 — Lidl SNC v Vierzon Distribution SA
   (Case C-159/09)
   2009/C 180/46
   Language of the case: French
   
      Referring court
   
   Tribunal de commerce de Bourges
   
      Parties to the main proceedings
   
   
      Applicant: Lidl SNC
   
      Defendant: Vierzon Distribution SA
   
      Question referred
   
   Is Article 3a of Directive 84/450 (1), as amended by Directive 97/55 (2), to be interpreted as meaning that it is unlawful to engage in comparative advertising on the basis of the price of products meeting the same needs or intended for the same purpose, that is to say, products which are sufficiently interchangeable, on the sole ground that, in regard to food products, the extent to which consumers would like to eat those products, or, in any case, the pleasure of consuming them, is completely different according to the conditions and the place of production, the ingredients used and the experience of the producer?
   
      (1)  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 (OJ 1984 L 250, p. 17).
   
      (2)  Directive 97/55/EC of European Parliament and of the Council of 6 October 1997 amending Directive 84/450/EEC concerning misleading advertising so as to include comparative advertising (OJ 1997 L 290, 23.10.1997, p. 18).