The Supreme Administrative Court in a judgment of 8 April 1997, case file SA/Ka 2976/95 held that advertising is any activity aimed at promoting the sale of goods and services or other use of the goods and services. Advertising is the dissemination of information about the goods, their quality, values, places and possibilities for their acquisition, praising someone or recommending something in the press, radio, television, means (such as posters, captions, advertisements, etc.) used for this purpose. Advertising should be considered as activities aimed at the development of demand through the improvement of knowledge of future purchasers of the goods or services, their characteristics and purpose to encourage them to purchase goods or services from this, and not the other economic entity.

The Supreme Administrative Court in its judgment of 18 April 2001, case file I SA/Sz 2000/00, published in the electronic database Lex no. 48952, held that the term, “advertising is carried out in the media or publicly in any way”, means that such public advertising is directed to an unidentified customer or client, is indefinite, but universal in the sense of local or national or supranational scope. According to the SAC public means of advertising other than by the mass media, is a way of advertising way characterized by commonness, publicity, general availability, and are destined for (or to) all, depending on how it was expressed.

The Supreme Administrative Court in its judgment of 10 December 1997, case file I SA/Gd 409/96, held that the nature of public or non-public advertising is always determined by its recipients. Non-public advertisement is expected to be addressed only to a specific recipient. Any form of business promotion sent to an anonymous pool of potential consumers/recipients is deemed as public advertising.