An examination of how a single market in advertising can be built within the European Union. The text draws on interviews with leading advertisers and sets out how a single market in commercial communications can be achieved. It includes assessment of legal and political routes.

Seminar paper from the year 2006 in the subject Politics - Topic: European Union, grade: 2.0, University of Twente (School of Management and Governance), course: Multi-Level-Governance in the European Union, language: English, abstract: Alleged 55 million adults in the European Union drink at harmful levels. Undoubtedly abuse of alcohol is insanitary. Therefore the European Commission set out a strategy in October 2006 to reduce the numbers of drinkers. Among the measures is a recommendation to ban advertisements for alcohol. Drinking is unhealthy - so is smoking. Thus the Tobacco Advertising Directive is finally implemented in the summer of this year by the last member states. But the story of this achievement reaches back nearly a decade: due to implementation deficits the process of banning advertisements for tobacco products cannot be regarded as a fast and efficient process. It started in 2003 when finally the directive 2003/33/EC was passed by the Council and the European Parliament that prohibits any kind of advertising for tobacco products in print, internet and online media. It should have been implemented by each member state until the 31stof July 2005. But two countries - Luxembourg and Germany - failed to implement up to that date. Germany sued the Commission, because they argued that the directive exceeded its legal base concerned with the internal market and competition rules. Those were the reasons the Commission had claimed to justify its directive. Germany took the directive to the ECJ, and the Commission - as the last step of the infringement procedure - sued Germany for not implementing. While both cases were pending the German government finally agreed to implement the directive in July 2006 - but only at the time where it was quite likely that they would loose their case at the court. In total it took the Commission nearly ten years to achieve their aim. Now, with the discussion about banning advertisements for alcohol a similar process starts again. If the Commission could or should learn something from its former experience is the question that should be answered in this paper. In the second part of this introduction necessary remarks about lesson drawing in general will be made. A vital part for lesson drawing is - obviously - a similarity between the two cases that shall be compared. That this applies to the chosen examples will be shown in the first part after the introduction. Furthermore in this second part of the paper the emergence of the Tobacco Advertising Directive will be shown. A model will be developed that describes the real-life deficits of the implementation process.

This book will be of interest to advertising law practitioners and students of European law. Divided into two parts, it first analyses commercial communications at the level of EC law. In the second part, the regulatory environment of member countries of the European Community is considered in depth. Among the topics examined are misleading advertising - interpreted through primary and secondary legislation and selective judgments of the European Court of Justice. Specific sectors are also considered, such as food, pharmaceuticals, tobacco and television industries. Useful addresses and appendices on the most significant Directives and Codes of Practice regulating the fields of advertising are also included.

Inhaltsangabe:Abstract: With the coming into force of Directive 97/55/EC, one of the issues that arose was as to how EU Member States will choose to implement the provisions concerning admissibility of comparative advertising. This dissertation will focus on the Directive s transposition into English and German law with special regard to price comparisons, each model of implementation being situated at the extreme end of the scale. English law, having traditionally supported comparative advertising now has had to face a much stricter approach put forward by the Directive. We shall enquire into the extent to which, in absence of an English law of unfair competition, s.10(6) of the 1994 Trade Marks Act, the torts of passing off and injurious falsehood, and the British Code of Advertising provide for compliance in that sphere. German law, on the other hand, having long opposed comparative advertising, has readily incorporated Directive 97/55 into §§2 and 3 of its 1909 Act Against Unfair Competition (UWG). German literature on the Act s compliance with the Directive has been widespread and the respective analysis will thus be limited to assessing opinions of academics, lawyers, judges, and members of the German government. I then compared those two models of implementation from the wider angle of the civil law/common law divide and general principles underlying Community law, before finally making proposals for amendments and assessing the impact the Directive had on each national law system. Effectively, German law has thus, in my view, provided for implementation to a fuller extent, as well as being the Member State which has felt the Directive s impact much more strongly than England. Inhaltsverzeichnis:Table of Contents: Introduction1 Chapter 1.The Law of Comparative Advertising in England7 1.1Rejection of a Law of Unfair Competition9 1.2The Law of Comparative Advertising11 1.3Implementation of Directive 97/55/EC14 Chapter 2.The Law of Comparative Advertising in Germany22 2.1The Law of Unfair Competition under the 1909 Act Against Unfair Competition22 2.2Implementation of Directive 97/55/EC26 Chapter 3.Analysis: Implementation of Directive 97/55/EC in England and Germany compared33 Conclusion43 Annex47 Bibliography47 Table of cases52 Statutory material53