The Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others.

• Jurisdiction: European Union
• Celex Number: 61990CJ0159
• ECLI: ECLI:EU:C:1991:378
• Docket Number: C-159/90
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Date: 04 October 1991

Avis juridique important

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61990J0159

Judgment of the Court of 4 October 1991. - The Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others. - Reference for a preliminary ruling: High Court - Ireland. - Freedom to provide services - Prohibition on the distribution of information on clinics carrying out voluntary terminations of pregnancy in other Member States. - Case C-159/90.

European Court reports 1991 Page I-04685
Swedish special edition Page 00019
Finnish special edition Page I-00445

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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1. Preliminary rulings - Reference to the Court - Need for a preliminary ruling in view of a case pending before the national court - Condition for exercising the power to make a reference - Jurisdiction of the national court must not have been exhausted

(EEC Treaty, Art. 177)

2. Freedom to provide services - Services - Concept - Medical termination of pregnancy - Covered

(EEC Treaty, Art. 60)

3. Freedom to provide services - Services - Concept - Non-economic activity - Excluded - Prohibition by a Member State in which the medical termination of pregnancy is forbidden of the distribution of information about the possibilities of using for that purpose providers of services lawfully operating in another Member State - Information distributed by a group unconnected with the providers of services - Prohibition not contrary to Community law

(EEC Treaty, Arts 59 and 60)

Summary

1. A national court or tribunal is not empowered to bring a matter before the Court by way of a reference for a preliminary ruling under Article 177 of the Treaty unless a dispute is pending before it in the context of which it is called upon to give a decision which could take into account the preliminary ruling. Conversely, the Court of Justice has no jurisdiction to hear a reference for a preliminary ruling when at the time it is made the procedure before the court making it has already been terminated.

2. Medical termination of pregnancy, performed in accordance with the law of the State in which it is carried out, constitutes a service within the meaning of Article 60 of the Treaty.

3. The provision of information on an economic activity is not to be regarded as a provision of services within the meaning of Article 60 of the Treaty where the information is not distributed on behalf of an economic operator but constitutes merely a manifestation of freedom of expression.

As a result, it is not contrary to Community law for a Member State in which medical termination of pregnancy is forbidden to prohibit students associations from distributing information about the identity and location of clinics in another Member State where voluntary termination of pregnancy is lawfully carried out and the means of communicating with those clinics, where the clinics in question have no involvement in the distribution of the said information.

Parties

In Case C-159/90,

REFERENCE to the Court under Article 177 of the EEC Treaty by the High Court of Ireland for a preliminary ruling in the action pending before that Court between

The Society for the Protection of Unborn Children Ireland Ltd

and

Stephen Grogan and Others

on the interpretation of Articles 59 to 66 of the EEC Treaty,

THE COURT (Sixth Chamber),

composed of: O. Due, President, G.F. Mancini, T.F. O' Higgins, J.C. Moitinho de Almeida, G.C. Rodríguez Iglesias, M. Díez de Velasco (Presidents of Chambers), Sir Gordon Slynn, C.N. Kakouris, R. Joliet, F.A. Schockweiler, F. Grévisse, M. Zuleeg and P.J.G. Kapteyn, Judges,

Advocate General: W. Van Gerven,

Registrar: D. Louterman, Principal Administrator,

after considering the written observations submitted on behalf of:

- the Society for the Protection of Unborn Children Ireland Ltd, by James O' Reilly, SC, and Anthony M. Collins, Barrister-at-law, instructed by Collins, Crowley & Co., Solicitors,

- the defendants in the main proceedings, represented by Mary Robinson, SC, and Seamus Woulfe, Barrister-at-law, instructed by Taylor & Buchalter, Solicitors,

- the Irish Government, by Louis J. Dockery, Chief State Solicitor, acting as Agent, assisted by Dermot Gleeson, SC, and Aindrias O' Caoimh, Barrister-at-law,

- the Commission of the European Communities, by Karen Banks, a member of its Legal Service, acting as Agent,

after hearing oral argument on behalf of the Society for the Protection of Unborn Children Ireland Ltd, represented by James O' Reilly, SC, and Shane Murphy, Barrister-at-law, and the defendants in the main proceedings, represented by John Rogers, SC, and Seamus Woulfe, Barrister-at-law, the Irish Government and the Commission at the hearing on 6 March 1991,

after hearing the Opinion of the Advocate General at the sitting on 11 June 1991,

gives the following

Judgment

Grounds

1 By order dated 5 March 1990, which was received at the Court on 23 May 1990, the High Court of Ireland referred to the Court for a preliminary ruling under...