Abstract:

This article analyzes the "Europeanization" of Spanish Advertising Law, due to the need to adapt Spanish legislation to the five Community Directives that concern advertising communication. In addition, the Jurisprudence of the Court of Justice of the European Union, which exerts influence on the Spanish Courts, is examined. The aforementioned Court has coined a broad concept of advertising; defined the concept of average consumer; the requirements of misleading advertising; comparative advertising; as well as the irrelevance of the number of consumers for there to be advertising. Lastly, self-regulation of advertising in Spain and advertising co-regulation, developed in the advertising sector for medicines for human use, which do not require a medical prescription, are briefly analyzed.

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