Keywords
Summary

Keywords

STATE MONOPOLIES OF A COMMERCIAL CHARACTER - PROVISIONS OF THE TREATY - APPLICABILITY TO MONOPOLIES OVER THE PROVISION OF SERVICES - CONDITIONS

( EEC TREATY , ART . 37 )

Summary

IT FOLLOWS BOTH FROM THE PLACE OCCUPIED BY ARTICLE 37 OF THE EEC TREATY IN THE CHAPTER ON THE ELIMINATION OF QUANTITATIVE RESTRICTIONS AND FROM THE WORDING USED IN THAT PROVISION THAT IT REFERS TO TRADE IN GOODS AND CANNOT RELATE TO A MONOPOLY OVER THE PROVISION OF SERVICES .

ACCORDINGLY , THE MERE FACT THAT A STATE MONOPOLY OVER THE PROVISION OF SERVICES ENABLES THE AUTHORITIES OF THE MEMBER STATE CONCERNED TO DIRECT A BRANCH OF THE NATIONAL ECONOMY IS NOT SUFFICIENT TO SUPPORT THE CONCLUSION THAT SUCH A MONOPOLY COMES WITHIN THE PROVISIONS OF ARTICLE 37 .

HOWEVER , THE POSSIBILITY CANNOT BE RULED OUT THAT A MONOPOLY OVER THE PROVISION OF SERVICES MAY HAVE AN INDIRECT INFLUENCE ON TRADE IN GOODS BETWEEN MEMBER STATES . THUS AN UNDERTAKING OR GROUP OF UNDERTAKINGS WHICH EXERCISES A MONOPOLY OVER THE PROVISION OF CERTAIN SERVICES MAY CONTRAVENE THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS , IF , FOR EXAMPLE , SUCH A MONOPOLY LEADS TO DISCRIMINATION AGAINST IMPORTED PRODUCTS AS OPPOSED TO PRODUCTS OF DOMESTIC ORIGIN .