La CJCE refuse d'étendre l'interdiction faite aux États membres de prendre ou de maintenir en vigueur des mesures susceptibles d'altérer l'effet utile des règles de concurrence
| Auteur | Legal News |
M. Doulamis a été poursuivi par les autorités belges pour avoir fait de la publicité dans un annuaire téléphonique pour le Laboratoire dentaire et la Clinique dentaire portant son nom, publicité prohibée par la loi belge du 15 avril 1958. Affirmant le principe selon lequel la publicité est un instrument indispensable à la libre concurrence économique, l'intéressé a invoqué les dispositions combinées des articles 10 CE et 81 CE, se prévalant de l'arrêt Van Eycke du 21 septembre 1988, "pour affirmer que, vu l'obligation qui s'impose aux États membres de ne pas prendre ou maintenir en vigueur des mesures susceptibles d'éliminer l'effet utile des règles de concurrence applicables aux entreprises, les poursuites dont il fait l'objet en ce qui concerne la publicité en matière de soins dentaires sont dépourvues de fondement". Se prononçant sur cette affaire le 13 mars 2008, la CJCE a rejeté la requête de M...
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