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In Aldi Stores (Ireland) Limited and Aldi GMBH & Co. KG v Dunnes Stores [2017] IECA 116, Dunnes Stores (Dunnes) succeeded in its  appeal against a High Court ruling that its 2013 comparative advertising campaign against Aldi was contrary to EC (Misleading and Comparative Advertising) Regulations, 2007 (the 2007 Regulations) and the Consumer Protection Act, 2007 (the 2007 Act).

In essence, the Court of Appeal determined that the High Court applied the wrong test.  It did not make a decision as to whether the 2013 campaign was lawful, but criticised a number of adverse findings made by the High Court.

Continue Reading Comparative Advertising in the Court of Appeal

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At a recent conference in Amsterdam, the US Federal Trade Commissioner (FTC), Julie Brill, stated that the Schrems decision “cystallizes what has been clear, or should have been clear, for a long time about privacy in Europe: it is a fundamental right that Europeans and their Court take very seriously”.

Continue Reading FTC warns of loss of transparency in EU-US data flows by invalidation of Safe Harbour