Official Journal of the European Union

C 141/24

(Case C-108/09)

2009/C 141/43

Language of the case: Hungarian

Referring court

Parties to the main proceedings

Applicant: Ker-Optika Bt.

Defendant: ÁNTSZ Dél-dunátúli Regionális Intézete

Questions referred

1.Does the sale of contact lenses constitute medical advice requiring the physical examination of a patient and thus not fall with the scope of Directive 2000/31/EC (1) of the European Parliament and of the Council on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market?

2.If the sale of contact lenses does not constitute medical advice requiring the physical examination of a patient, must Article 30 EC be interpreted as precluding legislation of a Member State under which contact lenses may be sold only in specialist medical accessory shops?

3.Does the principle of the freedom of movement of goods laid down in Article 28 EC preclude the provision of Hungarian law which makes it possible to sell contact lenses solely in specialist medical accessory shops?

(1) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’); OJ L 178, 17.7.2000, p. 1-16 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV) Hungarian Special Edition, Chapter 13, Volume 25, p. 399-414.

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