If 97 + b + c + 99 a + c + 99 + 98 what is a b

Misleading Advertisement for a Cosmetic Product: Claiming the Effectiveness of ...

b) The regulation of Section 27 (1) LFGB is also to be interpreted in accordance with the directive in this sense, because Directive 76/768 / EEC on the harmonization of the legal provisions of the Member States on cosmetic products for these products - in the present case hair treatment products (cf. Art. 1 Paragraphs 1 and 2 in conjunction with Annex I of the Directive) - brought about a final harmonization of the national regulations on packaging, labeling and advertising (... see ECJ, judgment of 2.2.1995 - C-315/92, 1994 coll. I-317 = GRUR 1994, 303 item 11 = WRP 1994, 380 - Clinique; ... judgment of January 28, 1999 - C-77/97, ​​1999 coll., I-431 = GRUR Int. 1999 , 349 Item 24 = WRP 1999, 311 - Unilever ./. SmithKline Beecham; ... judgment of 13.1.2000 - C-220/98, Coll. 2000, I-117 = GRUR Int. 2000, 354 Item 23 = WRP 2000, 289 - Lifting Creme; judgment of October 24, 2002 - C-99/01, 2002 Coll. I-9375 = ZLR 2003, 63 Item 17 - Linhart and Biffl).

The final nature of this regulation means that the member states are no longer empowered to adopt stricter national measures to combat misleading advertising with regard to the characteristics of cosmetic products (ECJ ZLR 2003, 63 Item 24 - Linhart and Biffl).

Effects of a means fall under the concept of the characteristics of the means i.S. of Art. 6 Para. 3 of Directive 76/768 / EEC (see ECJ ZLR 2003, 63 Item 32 - Linhart and Biffl).

It is particularly important with regard to the relevant expectation of an average, well-informed, attentive and discerning average consumer (see ECJ ZLR 2003, 63 Item 31 - Linhart and Biffl) not contrary to experience (§ 286 ZPO), if the appellate court has assessed this information to the extent that the effectiveness of caffeine against hair loss is presented as objectively correct and at the same time scientifically proven.

The fact that certain effects of a product have been proven by tests or similar scientific methods is also one of the characteristics of the product i.S. of Art. 6 para. 3 subpara. 1 of Directive 76/768 / EEC (see ECJ ZLR 2003, 63 Item 30 ff. - Linhart and Biffl, on the statement "dermatologically tested").

The measures that the Member States have to take to implement Article 6 (3) of Directive 76/768 / EEC must respect the principle of proportionality (see ECJ ZLR 2003, 63 Item 26 - Linhart and Biffl, with further references).