Spanish legislation, which prohibits selling at a loss in all cases, does not comply with the directive on unfair trade practices (2005/29/EC), the Court of Justice of the EU ruled on Thursday 19 October (case C-295/16).
Under Spanish law, selling at a loss is prohibited under any circumstances, unless: - the infringing party is able to demonstrate that the aim of selling at a loss was to bring its prices into line with those of one or more competitors able to considerably damage its sales;...