European Court of Justice overturns absolute advertising ban for dentists

ECJ tips absolute advertising ban for dentists in Belgium
Contrary to popular belief, doctors and dentists in Germany are no longer prohibited from advertising. It would also be incompatible with EU law, as the European Court of Justice (ECJ) ruled in Luxembourg on Thursday, 4 May 2017 (Ref .: C-339/15). He rejected an absolute advertising ban for dentists in Belgium.

Image: Photographee.eu - fotolia

A dentist from Brussels had advertised his practice with a poster stand, had placed advertisements in local newspapers and posted on the Internet about his practice and the treatments offered there.

All this eventually called the prosecutor's office on the plan. Belgian law prohibits all advertising for oral and dental care without exception. In addition, it prescribes a "simple" practice shield.

The dentist said the ban violated EU law. The competent criminal court in Brussels also had doubts and presented the dispute to the ECJ.

He now ruled that the freedom to provide services precludes an exception-free advertising ban. Thereafter, physicians and dentists must at least be allowed to refer to their practice and the treatments available there.

On the other hand, the EU states can forbid aggressive and misleading advertising. Because this could harm the protection of health and promote inappropriate or unnecessary treatments. In addition, such advertising would damage the image here of the dental profession. Whether then the dentist had gone too far with his advertising, now have to clarify the Belgian courts again. mwo / fle