''Konsumentombudsmannen v De Agostini'' (1997) C-34/95 is an
EU law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
case, concerning the
free movement of goods in the European Union.
Facts
Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic countries, Nordic c ...
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
Dinosaurs are a diverse group of reptiles of the clade Dinosauria. They first appeared during the Triassic period, between 243 and 233.23 million years ago (mya), although the exact origin and timing of the evolution of dinosaurs is the ...
'', 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.
See also
*
European Union law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
*''
44 Liquormart, Inc. v. Rhode Island
''44 Liquormart, Inc. v. Rhode Island'', 517 U.S. 484 (1996), was a Supreme Court of the United States, United States Supreme Court case in which the Court held that a complete ban on the advertising of alcohol prices was unconstitutional under t ...
'', 517 US 484 (1996)
Notes
{{reflist, 2
References
*
1997 in case law
Court of Justice of the European Union case law