Notice for the OJ
JUDGMENT OF THE COURT
(Sixth Chamber)
24 October 2002
in Case C-99/01 (Reference for a preliminary ruling from the Verwaltungsgerichtshof): Gottfried Linhart v Hans Biffl,(1) (Approximation of laws ( Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) ( Directive 76/768/EEC relating to cosmetic products ( Directive 84/450/EEC concerning misleading
advertising ( National legislation laying down restrictions on advertising)
(Language of the case: German)
(Provisional translation; the definitive translation will be published in the European Court Reports)
In Case C-99/01: Reference to the Court under Article 234 EC by the Verwaltungsgerichtshof (Austria) for a preliminary ruling in the proceedings pending before that court against Gottfried Linhart and Hans Biffl, on the interpretation of Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) and Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (OJ 1976 L 262, p. 169), as amended by Council Directive 93/35/EEC of 14 June 1993 (OJ 1993 L 151, p. 32), and Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising (OJ 1984 L 250, p. 17), the Court (Sixth Chamber), composed of: J.-P. Puissochet, President of the Chamber, R. Schintgen, V. Skouris, F. Macken and J.N. Cunha Rodrigues (Rapporteur), Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, has given a judgment on 24 October 2002, in which it has ruled:
1.Article 6(3) of Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products, as amended by Council Directive 93/35/EEC of 14 June 1993, precludes national legislation which prohibits reference to expert medical opinions in the marketing of cosmetic products ( in particular, the use of the statement 'dermatologically tested' ( if that reference does not include information relating to the contents and outcome of those assessments.
2.Article 6(3) of Directive 76/768 as amended by Directive 93/35 precludes national legislation which authorises the use of information as referred to in Question 1 only on condition that prior authorisation is granted by the competent Minister.
____________1 - OJ C 118 of 21.4.2001