Advocate General Reinforces the Principle of Country of Origin Control under the Television Without Frontiers Directive

摘要

On 17 September 1996, the Advocate General of the European Court of Justice ('ECJ') gave his opinion on three joined cases concerning the ban imposed by Sweden on advertising aimed at children under 12 and advertising which was deemed to be misleading under the Swedish law implementing the provisions of the Misleading Advertising Directive ('MAD'). The Advocate General reaffirmed that the aim of the Television Without Frontiers Directive ('TWF') is to create an internal market in broadcasting. It is based on two fundamental principles namely country of origin jurisdiction and mutual recognition.