Order — ECLI:EU:C:2017:809
Date: 2017-10-26
Language of the case: Dutch
Court formation: Third Chamber
Subject matter: Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary — Order of the Court (Third Chamber), 26 October 2017 Approximation of laws — Unfair business-to-consumer commercial practices — Directive 2005/29 — National law prohibiting any natural or legal person from disseminating advertising for procedures relating to plastic surgery or non-surgical plastic medicine — Lawfulness (European Parliament and Council Directive 2005/29, Art. 3(3) and (8)) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘the Unfair Commercial Practices Directive’) must be interpreted as not precluding a provision of national law, such as that at issue in the main proceedings, which protects public health and the dignity and integrity of the professions of plastic surgeon and plastic doctor by prohibiting any natural or legal person from disseminating advertising for procedures relating to plastic surgery or non-surgical plastic medicine. However, according to Article 3(3), that directive is without prejudice to EU or national rules relating to the health and safety aspects of products. Moreover, it must be pointed out that, according to Article 3(8), that directive is without prejudice to the deontological codes of conduct or other specific rules governing regulated professions in order to uphold high standards of integrity on the part of the professional, which Member States may, in conformity with EU law, impose on professionals. Thus, it follows from those provisions that Directive 2005/29 does not call into question the national rules relating to the health and safety aspects of products or the specific provisions governing regulated professions (judgment of 4 May 2017, Vanderborght, C‑339/15, EU:C:2017:335, paragraph 28). (see paras 20-22, 24, operative part)