Thu. Feb 27th, 2025
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EU Judgment in Case C-296/23 dm-drogerie markt
20 June 2024
Thursday 20th June 2024
Judgment in Case C-296/23 dm-drogerie markt
(Laws governing the institutions – Acts of the institutions)
The drugstore chain dm-drogerie markt GmbH & Co KG (dm) was offering the
disinfectant ‘BioLYTHE’ for sale. The product was labelled ‘Universal ecological broad- spectrum disinfectant’, ‘Disinfects skin, hands and surfaces’, ‘Effective against SARS- Corona’ and ‘Skin-friendly – organic – alcohol-free’.
The German Centre for Protection against unfair competition considers this to be unfair advertising. Dm would have failed to comply with the rules of conduct laid down by EU law for disinfectant products, known as ‘biocides’. The association therefore brought an action before the German courts, seeking to compel dm to cease designating or marketing the product in question as a ‘universal broad-spectrum ecological disinfectant’ and/or ‘skin-friendly’ and/or ‘organic’.
Under EU law (Regulation (EU) No 528/2012), biocidal products may not be labelled in a way which misleads the user as to the risks that the product may pose to human health, animal health or the environment, or as to its effectiveness.
The German referring court asks the Court of Justice for guidance on how to interpret in detail the article related to advertisements for biocidal products.
Donnerstag, 20. Juni 2024
Urteil des Gerichtshofs in der Rechtssache C‑296/23 dm‑drogerie markt
Werbung für Biozidprodukte
Die deutsche Zentrale zur Bekämpfung unlauteren Wettbewerbs beanstandet vor dem Bundesgerichtshof (BGH), dass dm ein Desinfektionsmittel mit der Bezeichnung „hautfreundlich“ vermarktet hat.
Der BGH hat den EuGH um Auslegung der EU-Biozid-Verordnung ersucht. Danach darf die Werbung für ein Biozidprodukt auf keinen Fall die Angaben “Biozidprodukt mit niedrigem Risikopotenzial”, “ungiftig”, “unschädlich”, “natürlich”, “umweltfreundlich”, “tierfreundlich” oder ähnliche Hinweise enthalten. Der EuGH soll klären, was unter den Begriff „ähnliche Hinweise“ fällt und somit in der Werbung verboten ist. Ohne Schlussanträge.
Details
- Date:
- 20 June 2024
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- Case C-296/23, dm-drogerie markt
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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