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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Karner (Free movement of goods) [2004] EUECJ C-71/02 (25 March 2004) URL: https://www.bailii.org/eu/cases/EUECJ/2004/C7102.html Cite as: [2004] CEC 327, [2005] ETMR 59, [2004] ECR I-3025, [2004] EUECJ C-71/02, [2004] 2 CMLR 5, [2004] EUECJ C-71/2 |
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JUDGMENT OF THE COURT (Fifth Chamber)
25 March 2004
(1)
(Free movement of goods - Article 28 EC - Measures having equivalent effect - Advertising restrictions - Reference to the commercial origin of goods products - Goods from an insolvent company - Directive 84/450/EEC - Fundamental rights - Freedom of expression - Principle of proportionality)
In Case C-71/02, REFERENCE to the Court under Article 234 EC by the Oberster Gerichtshof (Austria) for a preliminary ruling in the proceedings pending before that court between Herbert Karner Industrie-Auktionen GmbHand
Troostwijk GmbH, on the interpretation of Article 28 EC,THE COURT (Fifth Chamber),
after considering the written observations submitted on behalf of:
- Herbert Karner Industrie-Auktionen GmbH, by M. Kajaba, Rechtsanwalt, - Troostwijk GmbH, by A. Frauenberger, Rechtsanwalt, - the Austrian Government, by C. Pesendorfer, acting as Agent, - the Swedish Government, by A. Falk, acting as Agent, - the Commission of the European Communities, by U. Wölker and J.C. Schieferer, acting as Agents,having regard to the Report for the Hearing,
after hearing the oral observations of Herbert Karner Industrie-Auktionen GmbH, represented by M. Kajaba; of Troostwijk GmbH, represented by A. Frauenberger; of the Austrian Government, represented by T. Kramler, acting as Agent; of the Swedish Government, represented by A. Falk; and of the Commission, represented by J.C. Schieferer, at the hearing on 26 February 2003,
after hearing the Opinion of the Advocate General at the sitting on 8 April 2003,
gives the following
'The purpose of this Directive is to protect consumers, persons carrying on a trade or business or practising a craft or profession and the interests of the public in general against misleading advertising and the unfair consequences thereof ...'.
National rules
'Is Article 28 EC to be interpreted as precluding national legislation which, irrespective of the truthfulness of the information, prohibits any reference to the fact that goods come from an insolvent estate where, in public announcements or notices intended for a large circle of persons, notice is given of the sale of goods which originate from, but no longer constitute part of, the insolvent estate?'
Findings of the Court
Response of the Court
On those grounds,
THE COURT (Fifth Chamber)
in answer to the questions referred to it by the Oberster Gerichtshof by order of 29 January 2002, hereby rules: Article 28 EC does not preclude national legislation which, irrespective of the truthfulness of the information, prohibits any reference to the fact that goods come from an insolvent estate, where, in public announcements or notices intended for a larger circle of persons, notices given of the sale of goods which originate from, but no longer constitute part of, the insolvent estate.
Timmermans |
Rosas |
von Bahr |
R. Grass |
V. Skouris |
Registrar |
President |
1 - Language of the case: German.