EU: Delays In Infringement Cases

Various long-standing infringements of the EC law on the free movement of goods and services within the EU remain unresolved while European industry protests at the Commission’s inaction continue to grow. The French Loi Evin – which bans almost all advertising of alcohol and the use of sponsorship messages by alcoholic beverage producers – is being considered again on 12 March, while the ban by the Greek government on toy advertising on TV will not be decided until June. Both these cases by themselves are prima facie contraventions of EU law by governments unprepared to accept the primacy of EU law. The UK’s Advertising Association is now very concerned that the outcome of the cases – like the real reasons for the delay – will owe more to behind-the-scenes dealing than to the application of the due process of law. The Advertising Association is to write to Commissioners and MEPs to support the contention that these cases, as well as three other equally clear infringements in the direct marketing sector, should be taken up in the European Court of Justice with the firm endorsement of the Commission.