Keywords
Summary

Keywords

Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Obligation on companies marketing petroleum products and wishing to transfer their storage obligation to refineries on national territory to obtain their supplies from those refineries - Not permissible - Justification - Protection of public security - None

(EC Treaty, Arts 30 and 36 (now, after amendment, Arts 28 and 30 EC))

Summary

$$A Member State which establishes and maintains a system for the compulsory maintenance of emergency stocks of petroleum products which directly links the facility for companies which market those products to transfer their storage obligation to refineries established in national territory to an obligation to obtain their supplies of those products from those refineries fails to fulfil its obligations under Article 30 of the Treaty (now, after amendment, Article 28 EC).

Such a system constitutes discrimination against petroleum products from refineries situated in other Member States, in that it makes their marketing more difficult since marketing companies cannot free themselves from the obligation to store petroleum products at their installations if they buy their petroleum products from the refineries of those States, and is not justified by the objective of public security within the meaning of Article 36 of the Treaty (now, after amendment, Article 30 EC), since that objective could have been achieved by less restrictive measures.

( see paras 26, 31-32 and operative part )