Société D'importation Edouard Leclerc-Siplec V Tfi Publicité Sa And M6 Publicité Sa [1995]

S, a French import company, brought proceedings in France against T and another following their refusal to broadcast an advert concerning the distribution of fuel in supermarkets on the grounds that it was contrary to French law which prevented the distribution sector from advertising on television. S argued that French law infringed the Treaty of Rome 1957 Art.30, that it contravened Art.85 and Art.86 of the Treaty in conjunction with Art.5 and Art.3(f) and that it was inconsistent with Council Directive 89/552.

T supported an Art.177 reference to the court, the scope of which was widened to include the issue of whether whole sectors of economic activity, not only the distribution sector, were excluded from television advertising. The CEC indicated that the…