The Society for the Protection of Unborn Children Ireland Ltd v. Stephen Grogan and others

Pursuant to Article 177 of the European Economic Community treaty (“EEC treaty”), the High Court of Ireland requested a preliminary ruling on (i) whether abortion comes within the definition of “services” in Article 60 of the EEC treaty; (ii) whether a Member State can prohibit the dissemination of information about the identity, location, and means of communication with an abortion clinic in another Member State; and (iii) whether there is a right at Community law level to distribute such information. The underlying case was brought by an anti-abortion NGO against officers of student associations regarding the latter’s distribution of information on abortion clinics in another Member State in Ireland. The Court of Justice held that while 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, Article 59’s prohibition of restrictions on the supply of “services” did not apply to the information-dissemination activity of the student associations (which was not done in cooperation with the clinics). The Court reasoned that the link between the dissemination of information with the clinics’ services was too tenuous for the prohibition on distribution of information to be regarded as a “restriction” on the provision of the services. In 2018, Ireland enacted the Health (Regulation of Termination of Pregnancy) Act, which allows abortion (i) during the first 12 weeks of pregnancy, (ii) when the fetus has a condition that is likely fatal, or (iii) to protect the life or health of the woman.

Year 

1991

Avon Center work product