Vereinigte Famliapress v. Heinrich Bauer Verlag (ban on games of chance in advertising)
FACTS -Austria P asked for order requiring German D newspaper to cease marketing publications in Austria that offered readers the chance to play games for prizes - in violation of Austrian anti-competition laws.
-Ban on imported periodicals w/ games of chance infringed on the FREE MOVEMENT OF GOODS under TFEU 34.
ISSUE
-Is P’s argument that the infringement can be justified on the overriding PUBLIC INTEREST in maintaining press diversity valid?
HOLDING → Would be okay as long as they are prescribed by law and are necessary in a democratic society. RULES National court will have to weigh:
1. Is prohibition PROPORTIONATE to the aim (maintaining press diversity)?
2. Can objective be attained by measures LESS RESTRICTIVE to intra-community trade and freedom of expression?
*** (Notes: Restrictions on commercial advertising are more easily justified than those on political speech or expression. Court has held that restriction on advertising to achieve goals of consumer protection and fair trading was reasonable and proportionate.)
FACTS -Austria P asked for order requiring German D newspaper to cease marketing publications in Austria that offered readers the chance to play games for prizes - in violation of Austrian anti-competition laws.
-Ban on imported periodicals w/ games of chance infringed on the FREE MOVEMENT OF GOODS under TFEU 34.
ISSUE
-Is P’s argument that the infringement can be justified on the overriding PUBLIC INTEREST in maintaining press diversity valid?
HOLDING → Would be okay as long as they are prescribed by law and are necessary in a democratic society. RULES National court will have to weigh:
1. Is prohibition PROPORTIONATE to the aim (maintaining press diversity)?
2. Can objective be attained by measures LESS RESTRICTIVE to intra-community trade and freedom of expression?
*** (Notes: Restrictions on commercial advertising are more easily justified than those on political speech or expression. Court has held that restriction on advertising to achieve goals of consumer protection and fair trading was reasonable and proportionate.)
No comments:
Post a Comment