# C_2007042EN.01001002.xml

| 24.2.2007 | EN | Official Journal of the European Union | C 42/10 |
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24.2.2007

EN

Official Journal of the European Union

C 42/10

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Reference for a preliminary ruling from the Giudice di Pace di Genova (Italy) lodged on 11 December 2006 — Corporación Dermoestética SA v To Me Group Advertising Media

(Case C-500/06)

(2007/C 42/17)

Language of the case: Italian

Referring court

Giudice di Pace di Genova

Parties to the main proceedings

Applicant: Corporación Dermoestética SA

Applicant:

Defendant: To Me Group Advertising Media SRL

Defendant:

Questions referred

| 1. | Is it incompatible with Article 49 of the EC Treaty for national legislation, such as that under Articles 4, 5 and 9a of Law No 175 of 1992 and Ministerial Decree No 657 of 16 September 1994, and/or administrative practices to prohibit the broadcasting on national television of advertisements for medical and surgical treatments carried out in private health care establishments duly authorised for that purpose, even though that same advertising is permitted on local television networks, and, at the same time, to impose, in relation to the broadcasting of those advertisements, a ceiling on expenditure of 5 per cent of declared income for the preceding year? |
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1.

Is it incompatible with Article 49 of the EC Treaty for national legislation, such as that under Articles 4, 5 and 9a of Law No 175 of 1992 and Ministerial Decree No 657 of 16 September 1994, and/or administrative practices to prohibit the broadcasting on national television of advertisements for medical and surgical treatments carried out in private health care establishments duly authorised for that purpose, even though that same advertising is permitted on local television networks, and, at the same time, to impose, in relation to the broadcasting of those advertisements, a ceiling on expenditure of 5 per cent of declared income for the preceding year?

| 2. | Is it incompatible with Article 43 of the EC Treaty for national legislation, such as that under Articles 4, 5 and 9a of Law No 175 of 1992 and Ministerial Decree No 657 of 16 September 1994, and/or administrative practices to prohibit the broadcasting on national television of advertisements for medical and surgical treatments carried out in private health care establishments duly authorised for that purpose, even though that same advertising is permitted on local television networks, and, at the same time, to require, in relation to the broadcasting of those advertisements, prior authorisation from each individual municipality and the opinion of the provincial professional association, and to impose a ceiling on expenditure of 5 per cent of declared income for the previous year? |
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2.

Is it incompatible with Article 43 of the EC Treaty for national legislation, such as that under Articles 4, 5 and 9a of Law No 175 of 1992 and Ministerial Decree No 657 of 16 September 1994, and/or administrative practices to prohibit the broadcasting on national television of advertisements for medical and surgical treatments carried out in private health care establishments duly authorised for that purpose, even though that same advertising is permitted on local television networks, and, at the same time, to require, in relation to the broadcasting of those advertisements, prior authorisation from each individual municipality and the opinion of the provincial professional association, and to impose a ceiling on expenditure of 5 per cent of declared income for the previous year?

| 3. | Is it contrary to Articles 43 and/or 49 of the EC Treaty for the broadcasting of advertisements which provide information on medical and surgical treatments of an aesthetic nature in private health care establishments, duly authorised for that purpose, to be made subject to additional prior authorisation by the local authorities and/or professional associations? |
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3.

Is it contrary to Articles 43 and/or 49 of the EC Treaty for the broadcasting of advertisements which provide information on medical and surgical treatments of an aesthetic nature in private health care establishments, duly authorised for that purpose, to be made subject to additional prior authorisation by the local authorities and/or professional associations?

| 4. | By adopting a code of conduct which lays down limits on the advertising of the health care professions and by construing the legislation in force concerning the advertising of medical services in a manner which considerably restricts the right of doctors to advertise their own activities, both measures being binding on all doctors, have the National Federation of Associations of Doctors, Surgeons and Dentists (FNOMCeO) and the associations of group practices restricted competition beyond what is permitted under the relevant national legislation and in breach of Article 81(1) EC? |
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4.

By adopting a code of conduct which lays down limits on the advertising of the health care professions and by construing the legislation in force concerning the advertising of medical services in a manner which considerably restricts the right of doctors to advertise their own activities, both measures being binding on all doctors, have the National Federation of Associations of Doctors, Surgeons and Dentists (FNOMCeO) and the associations of group practices restricted competition beyond what is permitted under the relevant national legislation and in breach of Article 81(1) EC?

| 5. | In any event, is the interpretative practice adopted by the FNOMCeO incompatible with Articles 3(g), 4, 98, 10, 81 and, possibly, Article 86 of the EC Treaty in so far as the practice is permitted by a national law which requires the appropriate provincial associations to verify the transparency and accuracy of advertisements by doctors without indicating the criteria and procedures to be applied in exercising that authority? |
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5.

In any event, is the interpretative practice adopted by the FNOMCeO incompatible with Articles 3(g), 4, 98, 10, 81 and, possibly, Article 86 of the EC Treaty in so far as the practice is permitted by a national law which requires the appropriate provincial associations to verify the transparency and accuracy of advertisements by doctors without indicating the criteria and procedures to be applied in exercising that authority?

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