van der Burg (Approximation of laws) [2001] EUECJ C-278/99 (08 March 2001)

van der Burg (Approximation of laws) [2001] EUECJ C-278/99 (08 March 2001)

National legislation prohibiting commercial advertising for transmitting equipment of a non-approved type does not constitute a technical regulation under Directive 83/189/EEC because it does not lay down product characteristics, but merely restricts a marketing method.

Citation
[2001] EUECJ C-278/99
Parties
Defendant: Mr Van der Burg; Prosecutor: Netherlands Public Prosecutor
Jurisdiction
European Union
Judgment Date
08 March 2001
Procedural Posture
Preliminary Ruling (ecj) / Reference From National Court (hoge Raad Der Nederlanden)
Outcome
Preliminary ruling: Article C.11.1(1) of the Decree is not a technical regulation under Directive 83/189/EEC; notification to the Commission was not required.
Legal Topics
Technical Regulations, Notification Procedure, Advertising Restrictions, Free Movement of Goods
European Union Law Criminal Law Telecommunications Law Technical Regulations Notification Procedure Advertising Restrictions Free Movement of Goods

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Parties

Mr Van der Burg

Defendant

Netherlands Public Prosecutor

Prosecutor

Procedural Posture

Preliminary Ruling (ecj) / Reference From National Court (hoge Raad Der Nederlanden)

Legal Issues

  1. 1 Whether a national prohibition on advertising non-approved transmitting equipment constitutes a 'technical regulation' under Directive 83/189/EEC requiring notification to the European Commission.

Ratio Decidendi

National legislation prohibiting commercial advertising for transmitting equipment of a non-approved type does not constitute a technical regulation under Directive 83/189/EEC because it does not lay down product characteristics, but merely restricts a marketing method.

Court Disposition

Preliminary ruling: Article C.11.1(1) of the Decree is not a technical regulation under Directive 83/189/EEC; notification to the Commission was not required.