CELEX: E1994P0008
Language: en
Date: 1994-12-31 00:00:00
Title: Reference for an advisory opinion by Markedsrådet by decisions of that court of 28 October and 28 December 1994 in the case of Forbrukerombudet against Mattel Norge A/S and Mattel Scandinavia A/S (Case E-8/94)

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E1994P0008

Reference for an advisory opinion by Markedsrådet by decisions of that court of 28 October and 28 December 1994 in the case of Forbrukerombudet against Mattel Norge A/S and Mattel Scandinavia A/S (Case E-8/94)  

Official Journal C 398 , 31/12/1994 P. 0006 - 0006

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 (1) (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) (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 Markedsrådet (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 administrative 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: Bjørn Haug, President; Thór Vilhjálmsson, Kurt Herndl, Sven Norberg (Rapporteur) and Gustav Bygglin, Judges; Karin Hökborg, 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.(1) OJ No C 398, 31. 12. 1994, p. 19.