Opinion of the Advocate General — ECLI:EU:C:2007:701
Date: 2007-11-22
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary of the Judgment Competition – Community rules – Obligations of the Member States (Arts 3(1)(g) EC, 10 EC and 81 EC) Article 81 EC, read in conjunction with Article 3(1)(g) EC and the second paragraph of Article 10 EC, does not preclude a national law which prohibits any person or dental care providers, in the context of professional services or a dental surgery, from engaging in advertising of any kind in the dental care sector. Articles 10 EC and 81 EC are infringed where a Member State requires or encourages the adoption of agreements, decisions or concerted practices contrary to Article 81 EC or reinforces their effects, or where it divests its own rules of the character of legislation by delegating to private economic operators responsibility for taking decisions affecting the economic sphere. Such a law does not fall within any of the situations for the combined application of Articles 10 EC and 81 EC. (see paras 20-21, 24, operative part)