European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

The marketing of imported goods may be prohibited where the conditions on which they are sold constitute an infringement of the marketing usages considered proper and fair in the Member State of importation . Fair trading and consumer protection requirements are often asserted jointly by the Member States ; however, they should be distinguished. The concept of fair trading refers to the concept of …

Fair trading

The marketing of imported goods may be prohibited where the conditions on which they are sold constitute an infringement of the marketing usages considered proper and fair in the Member State of importation . Fair trading and consumer protection requirements are often asserted jointly by the Member States ; however, they should be distinguished. The concept of fair trading refers to the concept of unfair competition and covers traders' behavior on the market. It should not be confused with unfair commercial practices likely to mislead consumers. In all the cases, fair trading must be guaranteed with regard, on all sides, for the fair and traditional practices observed in the various Member States .

According to the Court of Justice, it is not possible to legitimate in respect of mandatory requirements a national rule laying down particular rules for products imported from another Member State where those products are lawfully and traditionally manufactured and marketed under the same appellation in their Member State of origin and the purchaser is provided with proper information , in particular in the form of adequate labelling . Likewise, a prohibition on the marketing of certain products in order to protect producers and distributors against unfair competition from traders using less expensive products of poorer quality is not justified insofar as the compulsory affixing of labels concerning the nature of the product sold would make the differences in manufacture apparent to consumers  or a less restrictive measure exists such as the use of an appropriate description allowing consumers to make a choice in full knowledge of the facts .

Case 58/80 Dansk Supermarked [1981] ECR 181, LawLex200500005379JBJ.

Case 407/85 Glocken and others v USL Centro-Sud and others [1988] ECR 4233, LawLex200900002319JBJ; Case 274/87 Commission v Germany [1989] ECR 229, LawLex200900001805JBJ; Case 76-86 Commission v Germany [1989] ECR 1021, LawLex200900002335JBJ; Case C-238/89 Pall v Dahlhausen [1990] ECR I-4827, LawLex200900002063JBJ; Case C-293/93 Criminal proceedings against Houtwipper [1994] ECR I-4249, LawLex200900002121JBJ; Case C-166/03 Commission v France [2004] ECR I-6535, LawLex200900000662JBJ.

Case 16/83 Prantl [1984] ECR 1299, LawLex200900001583JBJ.

Case 182/84 Miro [1985] ECR 3731, LawLex200900001627JBJ; Case C-166/03 Commission v France [2004] ECR I-6535, LawLex200900000662JBJ.

Case 76-86 Commission v Germany [1989] ECR 1021, LawLex200900002335JBJ.

Case 274/87 Commission v Germany [1989] ECR 229, LawLex200900001805JBJ.

Case 407/85 Glocken and others v USL Centro-Sud and others [1988] ECR 4233, LawLex200900002319JBJ.

European Business Law

43. Fair trading

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

43. Fair trading

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise