End date 1997 | ||
Similar Walter Rau Lebensmittelwerke v De Sme, Schmidberger v Austria, Commission v France (1997), Commission v Germany (1987), Procureur du Roi v Benoît an | ||
Konsumentombudsmannen v De Agostini (1997) C-34/95 is an EU law case, concerning the free movement of goods in the European Union.
Contents
Facts
Sweden banned TV ads directed at children under age 12, and banned misleading commercials for skin care products and detergents. The Swedish Consumer Ombudsman prosecuted one trader for a magazine called Everything You Need to Know about Dinosaurs, for children under 12. It prosecuted another for marketing a soap called "Body De Lite", in breach of the misleading ad rule.
Judgment
The Court of Justice held that these were certain selling arrangements. While under Keck the measure applied universally to all traders in a territory, it did not necessarily affect all traders the same in law and fact. If the national court found an unequal burden in law or fact, it would be caught, and would then have to be justified under art 36 or a mandatory requirement.