Ad agencies angry at alcohol axe

By Peter Chapman

Date: 15/07/04

ADVERTISING agencies have attacked the European Court of Justice's ruling upholding France's controversial ban on alcohol advertisements during broadcasts of sports events.

The court ruled that the French law known as the "Loi Evin", though a restriction on trade, is compatible with EU law because it is intended to promote public health. A code of conduct that accompanies the law requires broadcasters to try to prevent viewers watching foreign sports broadcasts from seeing alcohol ads that are aimed at the French public, whether carried on billboards or athletes' clothing.

Stephan Loerke, managing director of the Brussels-based World Federation of Advertising (WFA), said the ruling was "clearly unhelpful".

He said it "risks creating a precedent so we are certainly worried about what it could mean in other countries", adding that Sweden and Ireland were seen as the most likely to adopt stricter laws.

"In terms of substance, the Loi Evin had a clear objective - to cut down alcoholism in France. But there are absolutely no grounds to show that the Loi Evin can achieve this more effectively than member states that have not gone down that road [by setting strict laws].

"The Loi Evin is a very complex law with which advertisers and media are still struggling. International industry research shows that compliance rates are lower than in countries with self regulation such as Germany and the UK," said the WFA boss.

The Commission challenged the ban arguing that it was incompatible with the freedom to provide services because it created obstacles to the broadcasting in France of events such as European soccer matches.

Internal Market Commissioner Frits Bolkestein's spokesman Jonathan Todd said the EU executive would study the ruling carefully.

The Loi Evin was a subject of contention during the Jacques Santer Commission. The then commissioner for the internal market Mario Monti favoured court action but was held back by colleagues who argued that public health protection was more important than the internal market. It was not until July 2001 that the Commission began court action.

Drinks firm Bacardi complained about the law after it was told to remove its advertising from a match at Newcastle United Football Club's ground. The game was to be broadcast in France, even though the billboards were legal under UK law.

Advertising agencies are angry that the European Court of Justice ruled on 13 July 2004 to uphold a French ban on alcohol advertising during broadcasts of sports events.

http://curia.europa.eu/en/actu/communiques/cp04/aff/cp040056en.pdf http://curia.europa.eu/en/actu/communiques/cp04/aff/cp040056en.pdf

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