ABSTRACT

Advertising law in Germany is extensively competition law and is supported by the General Clause of Art 1 of the UWG. With reference to this general clause, international regulations also find application, such as EC Directives, which can themselves have direct applicability, provided that they are sufficiently definite, contain individual claims, and that the implementation deadline has expired. (Nevertheless, in April 1998 the Federal Court of Justice applied an EC Directive indirectly, even though its implementation date is not until 1 July 2000.) Furthermore, within the framework of judicial interpretation of the law, European law as a whole must always be followed.