Wamo and Van Mol (Unfair commercial practices - plastic surgery or non-surgical plastic medicine : Order) [2017] EUECJ C-356/16_CO (26 October 2017)

Directive 2005/29/EC must be interpreted as not precluding national legislation that prohibits the dissemination of advertising for procedures relating to plastic surgery or non-surgical plastic medicine, where such legislation aims to protect public health and the dignity and integrity of the professions involved.

Citation: [2017] EUECJ C-356/16_CO
Parties: Defendant: Wamo BVBA; Defendant: Luc Cecile Jozef Van Mol
Jurisdiction: European Union
Judgment Date: 26 October 2017
Procedural Posture: Preliminary Ruling (criminal Proceedings) / Order on Reference for Preliminary Ruling
Outcome: Directive 2005/29/EC does not preclude the national law prohibiting advertising for plastic surgery or non-surgical plastic medicine procedures.
Legal Topics: Unfair Commercial Practices, Advertising Restrictions, Plastic Surgery, Regulated Professions, Public Health

European Union Law Consumer Protection Law Health Law Unfair Commercial Practices Advertising Restrictions Plastic Surgery Regulated Professions Public Health

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Parties

Wamo BVBA

Defendant

Luc Cecile Jozef Van Mol

Defendant

Procedural Posture

Preliminary Ruling (criminal Proceedings) / Order on Reference for Preliminary Ruling

Legal Issues

1 Whether Directive 2005/29/EC precludes national legislation prohibiting advertising of plastic surgery or non-surgical plastic medicine procedures

Ratio Decidendi

Court Disposition

Directive 2005/29/EC does not preclude the national law prohibiting advertising for plastic surgery or non-surgical plastic medicine procedures.