Opinion of the Advocate General — ECLI:EU:C:2000:683
Date: 2000-12-12
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment 
Approximation of laws — Procedure for the provision of information in the field of 
technical standards and regulations — Technical regulations within the meaning of 
Directive 83/189 — Meaning — National rules prohibiting commercial advertising for 
transmitting equipment of a non-approved type — Not covered 
(Council Directive 83/189, Art. 1(1)) 
I - 2015 
SUMMARY — CASE C-278/99 
National legislation which prohibits com­
mercial advertising for transmitting equip­
ment of a non-approved type does not 
constitute, for the purposes of Directive 
83/189 laying down a procedure for the 
provision of information in the field of 
technical standards and regulations, a tech­
nical regulation which should have been 
notified to the Commission prior to its 
adoption. 
Technical specifications for the purposes of 
Directive 83/189 must thus refer to the 
product as such. However, legislation 
which merely prohibits a marketing 
method, does not lay down the character­
istics required of a product. 
(see paras 20, 22 and operative part) 
I - 2016