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Case C-562/15: Request for a preliminary ruling from the Cour d'appel de Paris (France) lodged on 4 November 2015 — Carrefour Hypermarchés SAS v ITM Alimentaire International SASU
ECLI:EU:UNKNOWN:62015CN0562
62015CN0562
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Valentina R., lawyer
25.1.2016
Official Journal of the European Union
C 27/11
(Case C-562/15)
(2016/C 027/14)
Language of the case: French
Referring court
Parties to the main proceedings
Appellant: Carrefour Hypermarchés SAS
Respondent: ITM Alimentaire International SASU
Questions referred
1.Whether Article 4(a) and (c) of Directive 2006/114/EC of 12 December 2006 (1) …, which provides that ‘[c]omparative advertising shall … be permitted when … it is not misleading [and] it objectively compares one or more material, relevant, verifiable and representative features of those goods and services’, must be interpreted as meaning that a comparison of the price of goods sold by retail outlets is permitted only if the goods are sold in shops having the same format or of the same size;
2.Whether the fact that the shops whose prices are compared are of different sizes and formats constitutes material information within the meaning of Directive 2005/29/EC (2) that must necessarily be brought to the knowledge of the consumer;
3.If so, to what degree and/or via what medium must that information be disseminated to the consumer?
(1) Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ 2006 L 376, p. 21).
(2) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22).