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Case C-500/06: Judgment of the Court (Second Chamber) of 17 July 2008 (reference for a preliminary ruling from the Giudice di Pace di Genova — Italy) — Corporación Dermoestética SA v To Me Group Advertising Media (Articles 3(1)(g) EC, 4 EC, 10 EC, 43 EC, 49 EC, 81 EC, 86 EC and 98 EC — National legislation prohibiting advertisements for medical or surgical treatments of a cosmetic nature)
ECLI:EU:UNKNOWN:62006CA0500
62006CA0500
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30.8.2008
Official Journal of the European Union
C 223/10
(Case C-500/06)
(Articles 3(1)(g) EC, 4 EC, 10 EC, 43 EC, 49 EC, 81 EC, 86 EC and 98 EC - National legislation prohibiting advertisements for medical or surgical treatments of a cosmetic nature)
(2008/C 223/14)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Corporación Dermoestética SA
Defendant: To Me Group Advertising Media
Intervener: Cliniche Futura Srl
Re:
Reference for a preliminary ruling — Giudice di Pace di Genova — Interpretation of Articles 43 EC, 49 EC, 81 EC, 86 EC and 98 EC — Compatibility of a national provision prohibiting the broadcasting of advertisements on national television networks for medical and surgical treatments carried out in private health care establishments and limiting expenditure on advertising to 5 % of income for the previous year
Operative part of the judgment
Articles 43 EC and 49 EC, read in conjunction with Articles 48 EC and 55 EC, must be interpreted as precluding legislation, such as that at issue in the main proceedings, in so far as it prohibits the broadcasting of advertisements for medical and surgical treatments provided by private health care establishments on national television networks while at the same time permitting such advertisements, subject to certain conditions, on local television networks.
(<span class="super">1</span>) OJ C 42, 24.2.2007.