Case C-71/02 Herbert Karner [2004] ECR I-3025

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 very 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.