1. Since vino is non included inward the production coverage of Article 8(3) of the EEA Agreement:ever gets excited when questions are referred to the EFTA Court, since it's i of Europe's forgotten courts. Advertising bans are bad for consumers, at to the lowest degree to the extent that they deprive them of data they demand when making their buy decisions. They're also bad for construct owners, whose valuable assets cannot hold upwards promoted profitably inside the virtually natural medium for them. Merpel says, "advertising bans are all a flake irrelevant these days, aren't they, since whatever is banned inward the majority media is to a greater extent than oft than non available over the network anyway".
should the Agreement — including Article xviii as well as Article 23 cf. Protocol 47 — hold upwards as well as hence understood that Article xi and/or Article 36 are applicable to wine?
2. Should Article xi and/or Article 36 of the EEA Agreement hold upwards as well as hence understood that they are applicable to national legislation that contains a full general prohibition against the advertising of alcoholic beverages, such every bit inward the Act on the sale of alcoholic beverages, department 9-2 et al.?
3. If enquiry 2 is answered inward the affirmative: Can such a prohibition however hold upwards maintained out of concerns for world health, as well as if so, is it inward conformity alongside the proportionality regulation of EEA law?
When answering this question, it should hold upwards indicated to what extent the application of a full general precautionary regulation inward this champaign would hold upwards inward conformity alongside the instance constabulary of the EFTA Court/Court of Justice of the European Communities.
EFTA Court here
More on bans on advertising alcohol here, here and here
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