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Case C-71/02 Herbert Karner

[2004] ECR I-3025

Case summary last updated at 12/02/2020 18:14 by the Oxbridge Notes in-house law team.

Judgement for the case Case C-71/02 Herbert Karner

A German law prevented an advertisement for the sale of goods (e.g. at auction) from mentioning that goods come/came from an insolvent estate, as this would make consumers think the price would be v cheap, when in fact the goods are being sold by an administrator, who doesn’t have to sell right away. T argued that this infringed article 10 ECHR freedom of speech. ECJ said that the law infringed article 28, and that the defence of ‘fundamental right’ failed on the grounds that the infringement was ‘reasonable’ and a proportionate means of achieving a legitimate objective. 

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