EU: EC To Consider Action Against Loi Evin

While there was considerable disappointment at the Commission’s inability to agree to take action earlier this year against the sponsorship aspects of the French Government’s Evin Law, which bans all alcohol and tobacco advertising, a more significant case is about to be considered. The case, which is also brought by the Amsterdam Group on behalf of beer and spirits producers in Europe, argues that Article 59 of the treaty is violated by the ban on TV broadcasts of non-French sports events which include advertising of (French) alcoholic products. It is understood that the Commission will consider this case in early June 1997, and that certain European commissioners are hoping to receive more encouragement from the broadcast industry to take a determined stand in favour of the action on the basis that the Evin Law directly threatens the single market for broadcasting. The French provisions mean that:

• EC organizers of televised events, at which alcoholic drinks are advertised in compliance with the laws of the MS where the events take place, are restricted in selling broadcasting rights to French TV stations.
• EC advertising agencies providing posters at such events are restricted in selling advertising space and material to EC alcohol advertisers
• French TV channels are restricted in broadcasting such events in France

The UK Advertising Association this week confirmed that it will be informing its broadcast membership about the new timetable for consideration of this case, and asking them to write letters in support of the case to the European Commissioners.