Keywords
Summary

Keywords

1 . FREE MOVEMENT OF GOODS - GOODS - CONCEPT - MEANS OF PAYMENT - GOLD AND SILVER COINS - DESIGNATION

( EEC TREATY , ARTS . 30 TO 37 )

2 . FREE MOVEMENT OF GOODS - DEROGATIONS - GROUNDS OF PUBLIC POLICY - SILVER COINS WHICH ARE NO LONGER LEGAL TENDER - BAN ON EXPORT - LAWFULNESS

( EEC TREATY , ART . 36 )

Summary

1 . IN THE SYSTEM OF THE EEC TREATY MEANS OF PAYMENT ARE NOT TO BE CONSIDERED AS GOODS FALLING WITHIN THE TERMS OF ARTICLES 30 TO 37 OF THE TREATY . THESE PROVISIONS DO NOT THEREFORE APPLY TO

( A ) SILVER ALLOY COINS WHICH ARE LEGAL TENDER IN A MEMBER STATE ,

( B ) GOLD COINS SUCH AS KRUGERRANDS WHICH ARE PRODUCED IN A NON- MEMBER COUNTRY BUT WHICH CIRCULATE FREELY WITHIN A MEMBER STATE .

2 . A BAN ON THE EXPORT FROM A MEMBER STATE OF SILVER ALLOY COINS , WHICH HAVE BEEN BUT ARE NO LONGER LEGAL TENDER IN THAT STATE AND THE MELTING DOWN OR DESTRUCTION WHEREOF ON NATIONAL TERRITORY IS FORBIDDEN , WHICH HAS BEEN ADOPTED WITH A VIEW TO PREVENTING SUCH MELTING DOWN OR DESTRUCTION IN ANOTHER MEMBER STATE , IS JUSTIFIED ON GROUNDS OF PUBLIC POLICY WITHIN THE MEANING OF ARTICLE 36 OF THE TREATY BECAUSE IT STEMS FROM THE NEED TO PROTECT THE RIGHT TO MINT COINAGE WHICH IS TRADITIONALLY REGARDED AS INVOLVING THE FUNDAMENTAL INTERESTS OF THE STATE .