Photo © CandyBoxPhoto – Fotolia
Banning the sale of contact lenses on the Internet on the grounds of consumer health is disproportionate to consumer health requirements, the European Court of Justice has ruled.
Following a Hungarian request to clarify EU legislation on selling contact lenses online, the European Court of Justice (ECJ) has ruled that consumer health must be complemented with less restrictive measures than those in place in Hungary.
The ruling comes after the Hungarian firm Ker-Optika, an internet based contactlens producer, contested the legislation banning the sale of contactlenses over the internet on grounds that the services of an optometrist are not needed after the first consultation.
The ECJ determined that, while a member state is allowed to impose requirements on the selling of goods that affect the consumer’s health, the prohibition on selling contactlenses via the internet is not proportional to this objective.
It also found that the ban would apply to not only Hungarian firms, but also those of other Member States, making the law contrary to directives on free competition, and also the rules directing the free movement of goods between Member States.
Background
Under Hungarian legislation, a retailer of contactlenses is required to operate out of an area greater than 18 m2, and a qualified professional also has to be present to provide information on the correct use of the product. Under those parameters, the selling and buying of contactlenses on the internet is prohibited by Hungarian law.
The European Court of Justice – Justice and Application – Case 108/09 – Full Text
