Judgment_paragraph 91 · Fussl Modestraße Mayr GmbH v SevenOne Media GmbH and Others (C-555/19)

91Fourthly, as regards the proportionality of the interference found, it is important to stress that it follows from the case-law of the European Court of Human Rights concerning Article 10(2) ECHR that national authorities enjoy a certain margin of appreciation in determining whether there is a pressing social need which may justify a restriction on freedom of expression. According to that case-law, that is particularly important in commercial matters and especially in an area as complex and fluctuating as advertising (judgment of 23 October 2003, RTL Television, C‑245/01, EU:C:2003:580, paragraph 73 and the case-law cited).

Fussl Modestraße Mayr GmbH v SevenOne Media GmbH and Others (C-555/19)

Key facts

History · 1 version

Connections