Christoph Van der Elst

Publiciteit: mag de advocaat nu alles?

WP 2002-14

The European Union has modernised the directive on misleading and comparative advertising in 1997. The Commission has stated in a 1999 decision that the prohibition to engage in comparative advertising restricts competition. In general, it must be allowed for the liberal professions to engage in comparative advertising, including the comparision of fees. The European Court of First Instance agrees with these considerations made by the Commission. The Belgian legislation has been adapted to these new European developments. In the summer of 2002 Parliament voted a new law to limit restrictions to engage in comparative advertising. This short paper discusses the application of the new rules on advertising engaged in by lawyers.