Keywords
Summary

Keywords

1 Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Prohibition against marketing bread not meeting certain standards concerning maximum moisture content, minimum ash content and presence of bran - Not permissible - Justification - Protection of public health - None

(EC Treaty, Arts 30 and 36)

2 Community law - Direct effect - Conflict between Community law and a national law - Obligations and powers of the national court seised - Disapplication of national law

Summary

3 The application to products lawfully manufactured and marketed in other Member States of national legislation prohibiting the marketing of bread with a moisture content exceeding 34% or an ash content lower than 1.40% or containing bran constitutes a measure having an effect equivalent to a quantitative restriction within the meaning of Article 30 of the Treaty which cannot, in the absence of any evidence to that effect, be regarded as justified under Article 36 of the Treaty by the need to protect public health.

4 The national court is under a duty, when asked to apply a national law which is incompatible with Article 30 of the Treaty, to give full effect to that article by disapplying any such law on its own initiative.