Keywords
Summary

Keywords

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Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Concept ° Obstacles resulting from national provisions regulating selling arrangements in a non-discriminatory manner ° Article 30 of the Treaty not applicable ° Rules on business opening hours

(EEC Treaty, Art. 30)

Summary

The application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between Member States, provided that those provisions apply to all affected traders operating within the national territory and provided that they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States. Where those conditions are fulfilled, the application of such rules to the sale of products from another Member State meeting the requirements laid down by that State is not by nature such as to prevent their access to the market or to impede access any more than it impedes the access of domestic products. Such rules therefore fall outside the scope of Article 30 of the Treaty.

It follows that Article 30 of the Treaty is to be interpreted as not applying to national rules on the closure of shops which apply to all traders operating within the national territory and which affect in the same manner, in law and in fact, the marketing of domestic products and of products from other Member States.