Judgment_paragraph 3 · Parfümerie Akzente GmbH v KTF Organisation AB (C-88/23)

3Recitals 11, 21 and 24 of Directive 2000/31 state:(11) This Directive is without prejudice to the level of protection for, in particular, public health and consumer interests, as established by Community acts; amongst others, Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts [(OJ 1993 L 95, p. 29)] and Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts [(OJ 1997 L 144, p. 19)] form a vital element for protecting consumers in contractual matters; those Directives also apply in their entirety to information society services; that same Community acquis, which is fully applicable to information society services, also embraces in particular Council Directive 84/450/EEC of 10 September 1984 [relating to the approximation of the laws, regulations and administrative provisions of the Member States] concerning misleading and comparative advertising [(OJ 1984 L 250, p. 17), as amended by Directive 97/55/EC of [the] European Parliament and of the Council of 6 October 1997 (OJ 1997 L 290, p. 18)]. … [T]his Directive should be without prejudice to … directives on the protection of public health; this Directive complements information requirements established by the abovementioned Directives and in particular Directive [97/7].…(21) … [T]he coordinated field covers only requirements relating to on-line activities such as on-line information, on-line advertising, on-line shopping, on-line contracting and does not concern Member States’ legal requirements relating to goods such as safety standards, labelling obligations, or liability for goods, or Member States’ requirements relating to the delivery or the transport of goods, including the distribution of medicinal products; ……(24) In the context of this Directive, notwithstanding the rule on the control at source of information society services, it is legitimate under the conditions established in this Directive for Member States to take measures to restrict the free movement of information society services.’