Criminal proceedings against X. (Approximation of laws) [1992] EUECJ C-373/90 (16 January 1992)

Criminal proceedings against X. (Approximation of laws) [1992] EUECJ C-373/90 (16 January 1992)

Council Directive 84/450/EEC does not preclude advertising vehicles as new, less expensive, and guaranteed by the manufacturer when the vehicles are registered solely for importation, have never been on the road, and are sold at a lower price due to fewer accessories.

Citation
[1992] EUECJ C-373/90
Parties
Complainant: Jean-Pierre Richard; Defendant: X; Civil Claimant: Société Richard-Nissan
Jurisdiction
European Union
Judgment Date
16 January 1992
Procedural Posture
Preliminary Ruling / Reference From National Court
Outcome
Preliminary ruling issued; directive does not preclude the described advertising.
Legal Topics
Misleading Advertising, Parallel Imports, Interpretation of Directives
European Union Law Consumer Protection Competition Law Misleading Advertising Parallel Imports Interpretation of Directives

Case Brief

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Parties

Jean-Pierre Richard

Complainant

X

Defendant

Société Richard-Nissan

Civil Claimant

Procedural Posture

Preliminary Ruling / Reference From National Court

Legal Issues

  1. 1 Whether Council Directive 84/450/EEC precludes advertising of vehicles as new, less expensive, and guaranteed by the manufacturer under the described circumstances.

Ratio Decidendi

Council Directive 84/450/EEC does not preclude advertising vehicles as new, less expensive, and guaranteed by the manufacturer when the vehicles are registered solely for importation, have never been on the road, and are sold at a lower price due to fewer accessories.

Court Disposition

Preliminary ruling issued; directive does not preclude the described advertising.

Orders

  • Council Directive 84/450/EEC must be interpreted as not precluding vehicles from being advertised as new, less expensive, and guaranteed by the manufacturer under the described circumstances.
  • Decision on costs is a matter for the national court.