CELEX: E1994J0008
Language: en
Date: 1995-06-16
Title: JUDGMENT OF THE COURT of 16 June 1995 in Joined Cases E-8/94 and E-9/94 (reference for an advisory opinion from the Markedsrådet): Forbrukerombudet against 1. Mattel Scandinavia A/S and 2. Lego Norge A/S (Admissibility - Free movement of services - Council Directive 89/552/EEC - Transmitting State principle - Televised advertising targeting children - Broadcasters/advertisers - Circumvention - Directed advertising - Council Directive 84/450/EEC)

No C 239 /6       ΓΕΝΙ                   Official Journal of the European Communities                          14 . 9 . 95
                                                        EFTA-COURT
                                                   JUDGMENT OF THE COURT
                                                          of 16 June 1995
            in Joined Cases E-8/94 and E-9/94 (reference for an advisory opinion from the Markedsr&det) :
                    Forbrukerombudet against 1 . Mattel Scandinavia A/S and 2 . Lego Norge A/S (')
             (Admissibility — Free movement of services — Council Directive 89/552/EEC — Transmitting
             State principle — Televised advertising targeting children — Broadcasters/advertisers — Circum­
                             vention — Directed advertising — Council Directive 84/450/EEC)
                                                           (95 /C 239 /07)
                (Pursuant to Article 27 (5) of the Rules of Procedure authentic in English and Norwegian)
            In Cases E-8 /94 and E-9/94 : reference to the Court under Article 34 of the Agreement
            between the EFTA States on the Establishment of a Surveillance Authority and a Court of
            Justice by the Markedsr&det (the Market Council), Oslo (Norway) for an advisory opinion in
            the two proceedings pending before in between Forbrukerombudet and 1 . Mattel Scandinavia
            A/S, 2 . Lego Norge A/ S — on the interpretation of Council Directive 89 / 552 /EEC of 3
            October 1989 on the coordination of certain provisions laid down by law, regulation or admin­
            istrative action in Member States concerning the pursuit of television broadcasting activities, as
            well as Articles 11,13 and 36 of the EEA Agreement — the Court, composed of : Bjern Haug,
            President; Th6r Vilhjalmsson, Kurt Herndl, Sven Norberg (Rapporteur) and Gustav Bygglin,
            Judges ; Karin Hokborg, Registrar, gave a judgment on 16 June 1995, the operative part of
            which is as follows :
            Articles 2 (2) and 16 of Council Directive 89/552/EEC of 3 October 1989 on the coordination
            of certain provisions laid down by law, regulation or administrative actions in Member States
            concerning the pursuit of television broadcasting activities, as integrated into the EEA
            Agreement, must be interpreted as precluding a prohibition imposed on an advertiser, whereby
            he is prevented from showing an advertisement contained in a television programme of a
            broadcaster established in another EEA State, if this arises as a consequence of a general
            prohibition, laid down in national law, of advertisements which specifically target children.
            (') OJ No C 398 , 31 . 12 . 1994 , p . 19 .