More than a dozen years since the Keck judgment, its effect of breaking the dogmatic convergence between the free movement of goods and that of services, already established in the case law of the ECJ by the early 1990s, cannot be underestimated. As is well known, this convergence primarily relied on such a broad interpretation of the scope of Articles 28 and 49 EC as to include any obstacles to intra-Community trade arising from measures applying beyond discrimination unless justified. The basic divergence introduced by Keck into the Court’s approach to the free movement provisions on goods and services can best be illustrated by the case law reviewing measures relating to advertising and other marketing methods. This paper will draw on a broad definition of advertising, which will include any commercial communication, ie any form of communication designed to promote, directly or indirectly, the goods, services or image of a company, organisation or person exercising a commercial, industrial or other professional activity.