L'Oreal v Bellure-The Court of Appeal Reluctantly Applies the ECJ ruling: L'Oreal SA v Bellure NV [2010] EWCA Civ 535

摘要

In June 2009 the ECJ delivered its long-awaited ruling in L'Oreal SA v Bellure NV, which has been the subject of much debate. It was not expected that the Court of Appeal would be happy with the ruling, and indeed this is very clear from its judgment, which attaches great importance to freedom of expression in commercial matters. The author considers the judgment and discusses the issues raised, suggesting that-as is often the case in such disputes-there may be two sides to the argument.