27It should be borne in mind that when it has fallen to the Court, in the context of the interpretation of Directive 84/450, to weigh the risk of misleading consumers against the requirements of the free movement of goods, it has held that, in order to determine whether a particular description, trade mark or promotional description or statement is misleading, it is necessary to take into account the presumed expectations of an average consumer who is reasonably well informed and reasonably observant and circumspect (see, in particular, Case C-210/96 Gut Springenheide and Tusky [1998] ECR I-4657, paragraph 31).
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