LUXEMBOURG (CN) – The European Court of Justice struck down Italian legislation that effectively banned commercials for private medical services on national television, but not local television.
The high court overturned Italy’s Television without Frontiers Directive because the ban was not applied evenly to all stations.
To Me Group, an Italian advertising company, cited the directive in refusing to air commercials for a Spanish cosmetic surgery practice on national television, but ran them on local networks. The Spanish company, Corporacion Dermoestetica, challenged the law as part of an attempt to get a partial refund.
The court said Italy could justify the regulation as a measure to protect public health, but that the Italian government must apply them consistently between and within all member states.