E-Malt.com News article: 2951

France: The European Court of Justice has upheld France's ban on direct or indirect advertising for alcoholic beverages marketed in France, ruling that the restriction is justified by the aim to protect public health. The law (Loi Evin) bans the retransmission into France of sporting events taking place in other member states between France and another teams where advertising, including on hoardings around a pitch, may be seen by viewers.

Two cases were brought before the EU's highest court. Firstly, the European Commission asked the court to declare that France's restrictions are incompatible with EU law on the freedom to provide goods and services, AFX News posted on July 13.

The second case was brought before the French courts, which subsequently referred it to the EU court, by Bacardi France. The company, which produces and markets a number of alcoholic beverages, was refused space on advertising hoardings by foreign football clubs because of the French law.

In its ruling, the court agreed with the commission that the French advertising law does constitute a restriction on the freedom to provide services within the single market. However, it said the EU treaty does not preclude a ban such as France's where the objective is to protect public health.


16 July, 2004