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Case C-296/23, dm-drogerie markt: Judgment of the Court (First Chamber) of 20 June 2024 (request for a preliminary ruling from the Bundesgerichtshof – Germany) – Zentrale zur Bekämpfung unlauteren Wettbewerbs eV v dm-drogerie markt GmbH & Co.KG (Reference for a preliminary ruling – Approximation of laws – Biocidal products – Regulation (EU) No 528/2012 – Article 72 – Disinfectant containing biocidal products – Advertising restrictions – Concept of any similar indication – Purpose of ensuring a high level of protection of both human and animal health and the environment)
ECLI:EU:UNKNOWN:62023CA0296
62023CA0296
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Official Journal of the European Union
C series
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C/2024/4700
(Case C-296/23,
dm-drogerie markt)
(Reference for a preliminary ruling - Approximation of laws - Biocidal products - Regulation (EU) No 528/2012 - Article 72 - Disinfectant containing biocidal products - Advertising restrictions - Concept of ‘any similar indication’ - Purpose of ensuring a high level of protection of both human and animal health and the environment)
(C/2024/4700)
Language of the case: German
Referring court
Parties to the main proceedings
Appellant on a point of law: Zentrale zur Bekämpfung unlauteren Wettbewerbs eV
Respondent in the appeal on a point of law: dm-drogerie markt GmbH & Co.KG
Operative part of the judgment
The second sentence of Article 72(3) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products
must be interpreted as meaning that the concept of ‘any similar indication’, within the meaning of that provision, includes any indication in the advertising for biocidal products which, like the indications referred to in that provision, refers to those products in a manner which is misleading in respect of the risks from the product to human health, animal health or the environment or their efficacy, by downplaying those risks or even denying their existence, without necessarily being general in nature.
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ELI: http://data.europa.eu/eli/C/2024/4700/oj
ISSN 1977-091X (electronic edition)
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