Member states cannot ban online sales of contact lenses, ruled the EU Court of Justice, on 2 December 2010(1).
An application from the district court of Baranya County (Hungary) asked the court for a ruling on the compatibility with EU law of Hungarian legislation that authorises the sale of contact lenses only in specialised shops and imposes use of the services of an optometrist or ophthalmologist. Ker-Optika, a company that sells contact lenses via an internet site, was prohibited from pursuing this activity. It decided to initiate a court action to appeal the prohibition decision.
The court noted first that the prohibition under Hungarian law applies to contact lenses from other member states delivered to consumers in Hungary. The ban therefore deprives traders from other member states of access to the Hungarian market and thus constitutes an obstacle to the free movement of goods in the European Union. While the court acknowledges the merit of the restriction, which requires the delivery of contact lenses by qualified professionals to protect consumer health, it held that less restrictive measures could be adopted. The EU court pointed out that such services can also be provided in a place other than opticians' shops and that those services are only required for the first delivery of contact lenses.
The prohibition is consequently not proportionate to the objective of the protection of public health and is contrary to rules on free movement of goods.
(1) Case C-108/09 Ker-Optika
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