The Luxembourg-based Court of Justice of the EC ruled on 23 April 2009 in joined cases C-261/07 and C-299/07 VTB-VAB NV v Total Belgium NV and Galatea BVBA v Sanoma Magazines Belgium NV.
The Court said that community law precludes national legislation which, without taking account of the specific circumstances, prohibits any combined offer made by a vendor to a European consumer.
EU Member States may not adopt measures that are more restrictive than those defined by the Directive on unfair commercial practices, even in order to ensure a higher level of consumer protection.
The European Unfair Commercial Practices Directive 1 is intended to contribute to the proper functioning of the internal market and to achieve a high level of consumer protection. It establishes a general prohibition of unfair commercial practices likely to distort consumers’ economic behaviour. It also lays down rules on misleading or aggressive commercial practices.
Only the original language version is authentic and it prevails in the event of its differing from the translated versions.