Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 10 May 2023 – Zentrale zur Bekämpfung unlauteren Wettbewerbs e. V v dm-drogerie markt Gmbh + Co. KG

(Case C-296/23, dm-drogerie markt)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Appellant on a point of law: Zentrale zur Bekämpfung unlauteren Wettbewerbs e. V

Respondent in the appeal on a point of law: dm-drogerie markt Gmbh + Co. KG

Question referred

Is a ‘similar indication’ within the meaning of the second sentence of Article 72(3) of Regulation (EU) No 528/2012 ¹ only such an indication contained in an advertisement which, in the same manner as the terms expressly listed in that provision, downplays properties of the biocide as regards the risks from the product to human health, animal health or the environment or its efficacy by means of a blanket statement, or does a ‘similar indication’ include all terms which, in respect of the risks from the product to human health, animal health or the environment or its efficacy, downplay the risks in a manner comparable to the terms expressly listed but are not necessarily also general in nature like those terms?

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¹ Regulation of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ 2012 L 167, p. 1).