Source: All England Reporter
Publisher Citation: [2002] All ER (D) 358 (Oct)
Court: Court of Justice of the European Communities (Sixth Chamber)
Judge:

Judges Puissochet (President), Schintgen, Skouris, Macken and Cunha Rodrigues (Rapporteur)

Judgment Dates: 24 October 2002

Catchwords

European Communities - Direct effect of Community law - Incompatible national law - National law relating to information in relation to cosmetic products - Council Directive (EEC) 76/768, art 6(3).

The Case

Article6(3) of Council Directive(EEC) 76-678 (on the approximation of the laws of the member states relating to cosmetic products) precluded national legislation which prohibited reference to expert medical opinions in the marketing of cosmetic products if that reference did not include information relating to the contents and outcome of those assessment, and precluded national legislation which authorised the use of such information only on condition that prior authorisation was granted by the competent minister.

Practice Areas

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