Opinion of the Advocate General — ECLI:EU:C:2002:158
Date: 2002-03-07
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Measures having equivalent effect;Consumer protection;Approximation of laws;Quantitative restrictions
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment 
1. Approximation of laws — Cosmetic products — Packaging and labelling — Direc­
tive 76/768 — Measures to prevent advertising attributing to cosmetic products 
characteristics which they do not possess — National legislation prohibiting any 
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SUMMARY — CASE C-99/01 
reference to expert medical opinions and, in particular, use of the statement 
'dermatologically tested' unaccompanied by certain particulars — Not permissible 
(Council Directive 76/768, Art. 6(3)) 
2. Approximation of laws — Cosmetic products — Packaging and labelling — Direc­
tive 76/768 — Measures to prevent advertising attributing to cosmetic products 
characteristics which they do not possess — National legislation making the use of any 
reference to expert medical opinions and, in particular, use of the statement 
'dermatologically tested' dependent upon a prior authorisation issued by the competent 
Minister — Not permissible 
(Council Directive 76/768, Art. 6(3)) 
1. Article 6(3) of Directive 76/768 on the 
approximation of the laws of the 
Member States relating to cosmetic 
products, as amended by Directive 
93/35 and whose objective is to pro­
hibit misleading particulars relating 
exclusively to the characteristics of 
those products, precludes legislation 
of a Member State which prohibits 
reference to expert medical opinions in 
the marketing of cosmetic products — 
in particular, the use of the statement 
'dermatologically tested' — if that ref­
erence does not include information 
relating to the contents and outcome of 
those expert opinions. 
(see para. 39, operative part 1) 
2. Article 6(3) of Directive 76/768 on the 
approximation of the laws of the 
Member States relating to cosmetic 
products, as amended by Directive 
93/35, and whose objective is to pro­
hibit misleading particulars relating 
exclusively to the characteristics of 
those products, precludes legislation 
of a Member State which authorises 
the use of any reference to expert 
medical opinions, in particular, use of 
the statement 'dermatologically tested' 
only on condition that prior authori­
sation is granted by the competent 
Minister. 
(see para. 46, operative part 2) 
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