Council Election 2023 – Voting times
28 March 2023
An election will be held tomorrow following the Annual General Meeting. The election will elect...
The Review of Directive 2006/114/EC concerning misleading and
comparative advertising (MCAD), which has been published last Tuesday. The Communication provides an overview of how the MCAD is
currently implemented in the Member States, identifies problems in how it is
applied and outlines plans to revise it in the future.
In October 2011 the Commission launched a consultation. In
general, stakeholders supported legislative action.
There was a strong call by other stakeholders for increased
protection for small companies and independent professionals against misleading
marketing practices. According to the Commission, there is a virtual consensus
that a cooperation procedure needs to be developed for cross-border cases of
misleading advertising, as the majority stated that existing enforcement
procedures are not effective.
Moreover, there was similarly strong support for an EU-wide
instrument to protect businesses against the most harmful misleading marketing
practices. The consultation results show
that almost no Member States have so far taken cross-border action regarding
misleading advertising. Several Member States consider that this is the result
of a lack of a structured cooperation system and the weakness of the MCAD,
which contains only general clauses for assessing whether a commercial
communication is misleading.
Next steps European Commission
Set up, as from now,
an ad hoc network of authorities to step up enforcement of the MCAD and share
Legislative action: revision of the Directive in order to:
Clarify its scope by
introducing a clearer definition of misleading marketing practices;
black-list of the most harmful misleading marketing practices;
proportionate and dissuasive penalties for infringements of the national
provisions adopted in application of the Directive;
aspects of comparative advertising based on the jurisprudence of the Court of
In the context of the legislative revision, the European
Commission intends to:
Create an enforcement
cooperation procedure (enforcement network) grouping national enforcement
authorities in charge of the legislation protecting businesses to cooperate in
cases of cross-border misleading marketing practices;
assistance obligations for the Member States entailing the explicit possibility
of requesting enforcement measures in cross-border situations;
that will require Member States to designate an enforcement authority in the
area of business-to-business marketing.
The Malta Chamber of SMEs represents over 7,000 members from over 90 different sectors which in their majority are either small or medium sized companies, and such issues like the one we're experiencing right now, it's important to be united. Malta Chamber of SMEs offers a number of different services tailored to its members' individual requirements' and necessities. These range from general services offered to all members to more individual & bespoke services catered for specific requirements.
A membership with Malta Chamber of SMEs will guarantee that you are constantly updated and informed with different opportunities which will directly benefit your business and help you grow. It also entails you to a number of services which in their majority are free of charge and offered exclusively to its members (in their majority all free of charge).