Keywords
Summary

Keywords

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Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Prohibition of importation and marketing of a product bearing the name "Clinique" - Not permissible and not compatible with Directive 76/768/EEC - Justification - Protection of consumers or public health - No justification

(EEC Treaty, Arts 30 and 36; Council Directive 76/768, Art. 6(2))

Summary

Articles 30 and 36 of the Treaty and Article 6(2) of Directive 76/768 on the approximation of the laws of the Member States relating to cosmetic products must be interpreted as precluding a national measure which prohibits the importation and marketing of a product classified and presented as a cosmetic on the ground that the product bears the name "Clinique".

Such a prohibition does not appear necessary to satisfy the requirements of consumer protection and the health of humans since the clinical or medical connotations of the word "Clinique" are not sufficient to make that word so misleading as to justify that prohibition in view of the fact that the products in question are not available in pharmacies and are not presented as medicinal products, their presentation is not open to criticism under the rules applicable to cosmetic products and the use of that name for marketing purposes apparently does not mislead consumers in other countries.