GB-INNO-BM v Confédération du commerce luxembourgeois.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Koopmans
• ECLI: ECLI:EU:C:1990:102
• Docket Number: C-362/88
• Date: 07 March 1990
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

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61988J0362

Judgment of the Court (Sixth Chamber) of 7 March 1990. - GB-INNO-BM v Confédération du commerce luxembourgeois. - Reference for a preliminary ruling: Cour de cassation - Grand-Duchy de Luxembourg. - Free movement of goods - National prohibition on publication of the duration of a special offer or the price previously charged. - Case C-362/88.

European Court reports 1990 Page I-00667
Swedish special edition Page 00349
Finnish special edition Page 00367

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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1 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Concept - Restrictions on cross-frontier advertising

( EEC Treaty, Arts 30, 31 and 36 )

2 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Prohibition against referring, in advertisements for a special purchase offer, to the duration of the offer or the price previously charged - Application to advertising lawfully distributed in another Member State - Not permissible - Justification - Consumer protection - Not justifiable

( EEC Treaty, Arts 30 and 36 )

Summary

1 . Legislation which restricts or prohibits certain forms of advertising and certain means of sales promotion may, although it does not directly affect trade, be such as to restrict the volume of trade because it affects marketing opportunities .

Free movement of goods concerns not only traders but also individuals . it requires, particularly in frontier areas, that consumers resident in one Member State may travel freely to the territory of another Member State to shop under the same conditions as the local population . That freedom for consumers is compromised if they are deprived of access to advertising available in the country where purchases are made . Consequently a prohibition against distributing such advertising must be examined in the light of Articles 30, 31 and 36 of the EEC Treaty .

2 . Under Articles 30 and 36 of the Treaty, advertising lawfully distributed in another Member State cannot be made subject to national legislation prohibiting the inclusion, in advertisements relating to a special purchase offer, of a statement showing the duration of the offer or the previous price .

Since Community law regards the provision of information to the consumer as one of the principal requirements with regard to consumer protection, Article 30 of the Treaty cannot be interpreted as meaning that national legislation which denies the consumer access to certain kinds of information may be justified by mandatory requirements concerning consumer protection .

Parties

In Case C-362/88

REFERENCE to the Court under Article 177 of the EEC Treaty by the Cour de cassation of the Grand Duchy of Luxembourg for a preliminary ruling in the proceedings pending before that court between

GB-INNO-BM, a company incorporated under Belgian law, Brussels,

and

Confédération du commerce luxembourgeois, a non-profit-making association established in Luxembourg,

on the interpretation of Articles 30 and 36 of the EEC Treaty,

THE COURT ( Sixth Chamber )

composed of : C . N . Kakouris, President of Chamber, T . Koopmans, G . F . Mancini, T . F . O' Higgins and M . Diez de Velasco, Judges,

Advocate General : C . O . Lenz

Registrar : D . Louterman, Principal Administrator

after considering the observations submitted on behalf of

GB-INNO-BM, a company incorporated under Belgian law, the appellant, by Nicolas Decker, of the Luxembourg Bar, Antoine de Bruyn, avocat with the right to appear before the Belgian Cour de cassation, and Louis van Bunnen and Michel Mahieu, of the Brussels Bar,

Confédération du commerce luxembourgeois ASBL, the respondent, by Yvette Hamilius, of the Luxembourg Bar,

the Government of the Grand Duchy of Luxembourg by Alain Gross, of the...