CELEX: E2004P0004
Language: en
Date: 2005-04-28 00:00:00
Title: Request for an Advisory Opinion from the EFTA Court by Markedsrådet by decision of that court of 7 July 2004 in the case of Pedicel AS v Sosial- og helsedirektoratet (Case E-4/04)

28.4.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 103/27
            
         Request for an Advisory Opinion from the EFTA Court by Markedsrådet by decision of that court of 7 July 2004 in the case of Pedicel AS v Sosial- og helsedirektoratet
   (Case E-4/04)
   (2005/C 103/13)
   A request has been made to the EFTA Court by decision of 7 July 2004 of Markedsrådet (the Market Council), Oslo, Norway, which was received at the Court Registry on 9 July 2004, for an Advisory Opinion in the case of Pedicel AS v Sosial- og helsedirektoratet, on the following questions:
   
               1.
            
            
               Since wine is not included in the product coverage of Article 8(3) of the EEA Agreement:
               should the Agreement — including Article 18 and Article 23 cf. Protocol 47 — be so understood that Article 11 and/or Article 36 are applicable to wine?
            
         
               2.
            
            
               Should Article 11 and/or Article 36 of the EEA Agreement be so understood that they are applicable to national legislation that contains a general prohibition against the advertising of alcoholic beverages, such as in the Act on the sale of alcoholic beverages, section 9-2 et al.?
            
         
               3.
            
            
               If question 2 is answered in the affirmative: Can such a prohibition nevertheless be maintained out of concerns for public health, and if so, is it in conformity with the proportionality principle of EEA law?
               When answering this question, it should be indicated to what extent the application of a general precautionary principle in this field would be in conformity with the case law of the EFTA Court/Court of Justice of the European Communities.