Linhart (Approximation of laws) [2002] EUECJ C-99/01 (24 October 2002)

Linhart (Approximation of laws) [2002] EUECJ C-99/01 (24 October 2002)

Article 6(3) of Directive 76/768 precludes national legislation prohibiting reference to expert medical opinions in cosmetic product marketing, such as 'dermatologically tested', unless accompanied by information on content and outcome, and also precludes national legislation requiring prior ministerial authorisation for such references, as these measures exceed harmonised EU requirements and unjustifiably restrict free movement.

Citation
[2002] EUECJ C-99/01
Parties
Applicant: Mr Linhart; Applicant: Dr Biffl; Applicant Company: Colgate Palmolive GmbH; Applicant Company: Haarkos Parfumeriewaren und Kosmetika GmbH; Intervener: Austrian Government; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
24 October 2002
Procedural Posture
Preliminary Reference / Preliminary Ruling
Outcome
Preliminary ruling in favour of applicants; national legislation precluded by EU law.
Legal Topics
Cosmetic Products, Misleading Advertising, Free Movement of Goods, Labelling Requirements
European Union Law Consumer Protection Administrative Law Cosmetic Products Misleading Advertising Free Movement of Goods Labelling Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Mr Linhart

Applicant

Dr Biffl

Applicant

Colgate Palmolive GmbH

Applicant Company

Haarkos Parfumeriewaren und Kosmetika GmbH

Applicant Company

Austrian Government

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Reference / Preliminary Ruling

Legal Issues

  1. 1 Whether Article 6(3) of Directive 76/768 precludes national legislation prohibiting reference to expert medical opinions in cosmetic product marketing unless accompanied by information on content and outcome
  2. 2 Whether Article 6(3) of Directive 76/768 precludes national legislation requiring prior ministerial authorisation for such references

Ratio Decidendi

Article 6(3) of Directive 76/768 precludes national legislation prohibiting reference to expert medical opinions in cosmetic product marketing, such as 'dermatologically tested', unless accompanied by information on content and outcome, and also precludes national legislation requiring prior ministerial authorisation for such references, as these measures exceed harmonised EU requirements and unjustifiably restrict free movement.

Court Disposition

Preliminary ruling in favour of applicants; national legislation precluded by EU law.

Orders

  • Article 6(3) of Directive 76/768 precludes national legislation prohibiting reference to expert medical opinions in cosmetic product marketing unless accompanied by information on content and outcome.
  • Article 6(3) of Directive 76/768 precludes national legislation requiring prior authorisation by the competent Minister for such references.