It remains to be seen how the Council of Ministers will react to the amendments, which restore the Commission's proposals. The Commission is also starting to draft another regulation on the law applicable to non-contractual obligations that will complement the Rome Convention. These developments could put into question the whole basis of the EC's policy on commercial communications. The AA has been prominent in the industry lobby to persuade the Commission and the Member States not to include provisions in the regulations that will severely affect the development of e-commerce, by applying the jurisdiction of the country of the customer with respect to contracts concluded via the Internet. The ECJ ruling refers to the appeal by the Court of Appeal of Lyon, on the compatibility of French legislation with EU law on the labelling in English of bottles of Coca-Cola, Merrydown Cider and Red Ginger Ale in a hypermarket of the Casino Group in France.
French legislation imposes the exclusive use of the French language on labels.
The judgement is a major embarrassment for the Commission and for the UK Government, whose own tobacco advertising ban legislation was cancelled as a result of the judgement. It is notable that for the first time there is a judicial statement from the ECJ that commercial speech is protected by EU law. The Advocate General Fennelly emphasised that freedom of expression also includes commercial speech, in particular the provision of information, expression of ideas or communication or images as part of the promotion of a commercial activity, and the concomitant right to receive such communications. AIG to be based in Brussels Following the decision by Advertising Information Group members, the AIG is to open an office in Brussels early next year in order to sustain and improve the quality and efficacy of EU lobbying by the national tripartites. The Brussels office will confirm the steady growth and success of the Advertising Information Group as a monitoring and lobbying operation since its inception in 1996.