Keywords
Summary

Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY , ART . 30 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PRICING SYSTEMS - WHETHER PERMISSIBLE - CONDITIONS

( EEC TREATY , ART . 30 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PRICING SYSTEMS - LEGISLATION DIFFERENTIATED ACCORDING TO THE ORIGIN OF THE PRODUCTS - REFERENCE TO THE MANUFACTURER ' S BASIC PRICE FOR IMPORTED PRODUCTS - LEVEL OF PRICES OF DOMESTIC PRODUCTS FROZEN AT A REFERENCE DATE - NOT PERMISSIBLE

( EEC TREATY , ART . 30 )

Summary

1 . ANY MEASURES WHICH ARE CAPABLE OF HINDERING , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , TRADE BETWEEN MEMBER STATES ARE TO BE REGARDED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS .

2.SYSTEMS REGULATING PRICES APPLICABLE TO DOMESTIC PRODUCTS AND IMPORTED PRODUCTS ALIKE DO NOT IN THEMSELVES CONSTITUTE MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS BUT MAY HAVE SUCH AN EFFECT WHEN THE PRICES ARE FIXED AT A LEVEL SUCH THAT THE SALE OF IMPORTED PRODUCTS BECOMES EITHER IMPOSSIBLE OR MORE DIFFICULT THAN THAT OF DOMESTIC PRODUCTS .

3.ARTICLE 30 OF THE EEC TREATY PRECLUDES A MEMBER STATE FROM INTRODUCING IN RESPECT OF PHARMACEUTICAL PRODUCTS IMPORTED FROM OTHER MEMBER STATES SPECIFIC LEGISLATION WHICH REFERS TO THE MANUFACTURER ' S BASIC PRICES USUALLY CHARGED FOR PRODUCTS INTENDED FOR CONSUMPTION WITHIN THE TERRITORY OF THE MEMBER STATE IN WHICH THEY ARE PRODUCED , WHERE THE LEGISLATION APPLICABLE TO DOMESTIC PRODUCTION IS BASED SOLELY ON A FREEZE OF THE LEVEL OF PRICES AT A GIVEN REFERENCE DATE .

A SITUATION OF THAT KIND CAN HAVE THE EFFECT OF PLACING THE SALE OF IMPORTED PRODUCTS AT A DISADVANTAGE BY RENDERING SUCH SALE MORE DIFFICULT , IMPOSSIBLE OR , IN ANY EVENT , LESS PROFITABLE THAN THE SALE OF DOMESTIC PRODUCTS WHENEVER THE LEVEL OF PRICES TO WHICH , AS REGARDS PRODUCTS FROM OTHER MEMBER STATES , THE LEGISLATION OF THE MEMBER STATE OF IMPORTATION REFERS , IS LOWER THAN THAT APPLICABLE TO PRODUCTS FROM THAT STATE .