EU and national Marketing Law.
Which law to follow?

Where marketing issues are concerned, national legislation comes second to EU Marketing Law.

However, in the Estée Lauder case, the Court (ECJ) stated that social, cultural or linguistic factors might justify national exceptions to the general EU standard. The case dealt with the question whether the word ‘lifting’, in relation to skin care products, could be perceived differently by German consumers compared to the average consumer in other Member States. The Court confirmed that it might be possible for the same advertising formulation to be viewed differently by the average consumer in different Member States. The same exception also applies in B2B relations.



 
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