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Case C-657/11: Judgment of the Court (Third Chamber) of 11 July 2013 (request for a preliminary ruling from the Hof van Cassatie van België — Belgium) — Belgian Electronic Sorting Technology NV v Bert Peelaers, Visys NV (Directives 84/450/EEC and 2006/114/EC — Misleading and comparative advertising — Definition of ‘advertising’ — Registration and use of a domain name — Use of metatags in a website’s metadata)
ECLI:EU:UNKNOWN:62011CA0657
62011CA0657
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31.8.2013
Official Journal of the European Union
C 252/12
(Case C-657/11) (<span class="super">1</span>)
(Directives 84/450/EEC and 2006/114/EC - Misleading and comparative advertising - Definition of ‘advertising’ - Registration and use of a domain name - Use of metatags in a website’s metadata)
2013/C 252/18
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Belgian Electronic Sorting Technology NV
Defendants: Bert Peelaers, Visys NV
Re:
Request for a preliminary ruling — Hof van Cassatie van België — Interpretation of Article 2 of Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising (OJ 1984 L 250, p. 17), and Article 2 of 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) — Definition of advertising — Registration and use of a domain name — Use of metatags in a website’s metadata
Operative part of the judgment
Article 2(1) of Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising, as amended by Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 and Article 2(a) of Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising, must be interpreted as meaning that the term ‘advertising’, as defined by those provisions, covers, in a situation such as that at issue in the main proceedings, the use of a domain name and that of metatags in a website’s metadata. By contrast, the registration of a domain name, as such, is not encompassed by that term.
(<span class="super">1</span>) OJ C 73, 10.3.2012.