Keywords
Summary

Keywords

1 . ACTION FOR FAILURE BY A MEMBER STATE TO FULFIL ITS OBLIGATIONS - OBJECT OF THE ACTION - ESTABLISHED BY THE REASONED OPINION - TIME-LIMIT GRANTED TO THE MEMBER STATE - SUBSEQUENT COMPLIANCE WITH ITS OBLIGATIONS - INTEREST IN PURSUING THE ACTION - POSSIBLE LIABILITY OF THE MEMBER STATE

( EEC TREATY , ART . 169 )

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

( EEC TREATY , ART . 30 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - MEASURE WHICH MAY BE REGARDED AS AID WITHIN THE MEANING OF ARTICLE 92 OF THE TREATY - POSSIBILITY OF BEING AID NOT A SUFFICIENT REASON TO EXEMPT MEASURE FROM THE PROHIBITION OF MEASURES HAVING EQUIVALENT EFFECT

( EEC TREATY , ARTS 30 AND 92 )

4 . FREE MOVEMENT OF GOODS - DEROGATIONS - ARTICLE 36 OF THE TREATY - STRICT INTERPRETATION - SCOPE - ECONOMIC OBJECTIVES - EXCLUDED

( EEC TREATY , ART . 36 )

5 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - FINANCIAL AID LINKED TO THE PURCHASE OF VEHICLES OF NATIONAL MANUFACTURE

( EEC TREATY , ART . 30 )

Summary

1 . THE SUBJECT-MATTER OF AN ACTION UNDER ARTICLE 169 IS ESTABLISHED BY THE COMMISSION ' S REASONED OPINION AND EVEN WHERE THE DEFAULT HAS BEEN REMEDIED AFTER THE PERIOD PRESCRIBED IN THE SECOND PARAGRAPH OF THAT ARTICLE HAS ELAPSED , AN INTEREST STILL SUBSISTS IN PURSUING THE ACTION . SUCH AN INTEREST MAY CONSIST IN ESTABLISHING THE BASIS OF A LIABILITY WHICH A MEMBER STATE MAY INCUR , BY REASON OF ITS FAILURE TO FULFIL ITS OBLIGATIONS , TOWARDS THOSE TO WHOM RIGHTS ACCRUE AS A RESULT OF THAT FAILURE .

2 . ALL TRADING RULES OF MEMBER STATES WHICH ARE CAPABLE OF HINDERING , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , INTRA-COMMUNITY TRADE MUST BE REGARDED AS MEASURES HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION ON IMPORTS OF THE KIND PROHIBITED BY ARTICLE 30 OF THE TREATY . A NATIONAL MEASURE DOES NOT FALL OUTSIDE THE SCOPE OF THAT PROHIBITION MERELY BECAUSE THE HINDRANCE TO IMPORTS WHICH IT CREATES IS SLIGHT AND BECAUSE IT IS POSSIBLE FOR IMPORTED PRODUCTS TO BE MARKETED IN OTHER WAYS .

3 . THE PROVISIONS OF THE TREATY RELATING TO STATE AID MAY IN NO CASE BE USED TO FRUSTRATE THE RULES OF THE TREATY ON THE FREE MOVEMENT OF GOODS . BOTH HAVE A COMMON PURPOSE , NAMELY TO ENSURE THE FREE MOVEMENT OF GOODS BETWEEN MEMBER STATES UNDER NORMAL CONDITIONS OF COMPETITION . THE FACT THAT A NATIONAL MEASURE MIGHT BE REGARDED AS AID WITHIN THE MEANING OF ARTICLE 92 IS THEREFORE NOT A SUFFICIENT REASON TO EXEMPT IT FROM THE PROHIBITION CONTAINED IN ARTICLE 30 .

4 . ARTICLE 36 OF THE TREATY MUST BE INTERPRETED STRICTLY , THE EXCEPTIONS THEREIN CONTAINED MAY NOT BE EXTENDED TO CASES OTHER THAN THOSE EXPRESSLY REFERRED TO AND THE ARTICLE REFERS SOLELY TO NON-ECONOMIC MATTERS .

5 . A NATIONAL PROVISION REQUIRING MUNICIPAL TRANSPORT UNDERTAKINGS TO PURCHASE VEHICLES OF NATIONAL MANUFACTURE IN ORDER TO QUALIFY FOR CERTAIN SUBSIDIES MUST BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION ON IMPORTS , AND AS SUCH IS PROHIBITED BY ARTICLE 30 OF THE TREATY .