CJEU Case C-159/90 / Judgment

The Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others
Policy area
Information society
Deciding body type
Court of Justice of the European Union
Deciding body
Court
Type
Decision
Decision date
04/10/1991

Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter.

 

  • CJEU Case C-159/90 / Judgment

    Key facts of the case:

    Reference for a preliminary ruling: High Court - Ireland.

    Freedom to provide services - Prohibition on the distribution of information on clinics carrying out voluntary terminations of pregnancy in other Member States.

    Outcome of the case:

    n those grounds, THE COURT, in reply to the questions submitted to it by the High Court of Ireland, by order of 5 March 1990, hereby rules:

    1. Medical termination of pregnancy, performed in accordance with the law of the State in which it is carried out, constitutes a service within the meaning of Article 60 of the Treaty;
    2. It is not contrary to Community law for a Member State in which medical termination of pregnancy is forbidden to prohibit students associations from distributing information about the identity and location of clinics in another Member State where voluntary termination of pregnancy is lawfully carried out and the means of communicating with those clinics, where the clinics in question have no involvement in the distribution of the said information.
  • Relevance of Charter

    Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter.