Case C-500/06: Judgment of the Court (Second Chamber) of 17 July 2008 (reference for a preliminary ruling from the Giudice di Pace di Genova — Italy) — Corporación Dermoestética SA v To Me Group Advertising Media (Articles 3(1)(g) EC, 4 EC, 10 EC, 43 EC, 49 EC, 81 EC, 86 EC and 98 EC — National legislation prohibiting advertisements for medical or surgical treatments of a cosmetic nature)
Date: 2008-07-17
Institutions: Court of Justice
Subjects: advertising, aesthetic surgery, interpretation of the law, professional ethics, professional society, therapeutics

C 223/10

EN

Official Journal of the European Union

30.8.2008

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders L & D SA to pay the costs.

(1) OJ C 20, 27.1.2007.

by private health care establishments on national television networks
while at
to
certain conditions, on local television networks.

the same time permitting such advertisements, subject

(1) OJ C 42, 24.2.2007.

Judgment of the Court (Second Chamber) of 17 July 2008
(reference for a preliminary ruling from the Giudice di
Pace di Genova — Italy) — Corporación Dermoestética SA
v To Me Group Advertising Media

(Case C-500/06) (1)

(Articles 3(1)(g) EC, 4 EC, 10 EC, 43 EC, 49 EC, 81 EC,
86 EC and 98 EC — National legislation prohibiting adver-
tisements for medical or surgical treatments of a cosmetic
nature)

Judgment of the Court (Fourth Chamber) of 17 July 2008
— Athinaïki Techniki AE v Commission of the European
Communities, Athens Resort Casino AE Symmetochon

(Case C-521/06 P) (1)

(Appeal — State aid — Aid granted by the Hellenic Republic
to the Hyatt Regency consortium — Complaint — Decision to
take no further action on the complaint — Regulation (EC)
No 659/1999 — Articles 4, 13 and 20 — Concept of ‘act
open to challenge’ for the purposes of Article 230 EC)

(2008/C 223/15)

Language of the case: French

(2008/C 223/14)

Language of the case: Italian

Parties

Referring court

Giudice di Pace di Genova

Parties to the main proceedings

Applicant: Corporación Dermoestética SA

Defendant: To Me Group Advertising Media

Intervener: Cliniche Futura Srl

Re:

Reference for a preliminary ruling — Giudice di Pace di Genova
— Interpretation of Articles 43 EC, 49 EC, 81 EC, 86 EC and
98 EC — Compatibility of a national provision prohibiting the
broadcasting of advertisements on national television networks
for medical and surgical treatments carried out in private health
care establishments and limiting expenditure on advertising to
5 % of income for the previous year

Operative part of the judgment

Articles 43 EC and 49 EC, read in conjunction with Articles 48 EC
and 55 EC, must be interpreted as precluding legislation, such as that
at issue in the main proceedings, in so far as it prohibits the broad-
casting of advertisements for medical and surgical treatments provided

Appellant: Athinaïki Techniki AE (represented by: S. A. Pappas,
dikigoros)

Other parties to the proceedings: Commission of the European
Communities (represented by: D. Triantafyllou, Agent), Athens
Resort Casino AE Symmetochon (represented by: F. Carlin,
Barrister, and N. Korogiannakis, dikigoros)

Re:

Appeal brought against the order of the Court of First Instance
(Second Chamber) of 26 September 2006 in Case T-94/05 Athi-
naïki Techniki AE v Commission, by which the Court of First
Instance dismissed as inadmissible the action seeking annulment
of the Commission's letter of 2 December 2004 informing the
then applicant that no further action would be taken in regard
to its complaint alleging that State aid had been granted by the
Hellenic Republic in the context of a public contract tendering
procedure — Concept of an act open to challenge for the
purposes of Article 230 EC

Operative part of the judgment

The Court:

1. Sets aside the order of the Court of First Instance of the European
Communities of 26 September 2006 in Case T-94/05 Athinaïki
Techniki v Commission.

2. Rejects

the preliminary plea of

inadmissibility raised by the
Commission of the European Communities before the Court of First
Instance of the European Communities.