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Case C-315/92 Clinique [1994]

Case C-315/92 Verband Sozialer Wettbewerb eV v Clinique Laboratories SNC and Estée Lauder Cosmetics GmbH (‘Clinique’) [1994]

Facts

  • A German consumer protection measure prevented Clinique (an Estée Lauder consmetics brand) from marketing products labelled ‘Clinique’, as consumers might be misled into believing that the products were clinical in nature

Issue

  • Did this measure violate Art 34 TFEU on the prevention of measures affecting the free buy xanax mexico movement of goods between EU Member States?

Decision

  • Yes

Reasoning

  • The increased burden on Clinique to re-brand and re-advertise its products differently in Germany impeded on the free movement of goods
  • The German measure was not justifiable as protecting consumers as consumers were unlikely to be misled by the brnad name
  • This case had ramifications in German consumer law, which has since been reformed
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