Keywords
Summary

Keywords

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1. Freedom to provide services - Treaty provisions - Scope - Legislation governing the sale of goods belonging to a trader established in another Member State - Excluded - Covered by Treaty provisions on the free movement of goods

(EEC Treaty, Art. 59)

2. Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Sale by public auction of imported second-hand goods - Requirement of entry of the owner in the local trade register - Not permitted - Justification - Consumer protection - Grounds of public policy - None

(EEC Treaty, Arts 30 and 36)

Summary

1. Legislation of a Member State laying down the conditions governing the sale by a trader established in another Member State of goods belonging to him does not fall within the scope of Article 59 of the Treaty. Such legislation concerns the marketing of goods traded between Member States and is subject to the provisions of the Treaty concerning the free movement of goods.

2. National legislation which makes the sale by public auction of second-hand goods from another Member State conditional upon the prior entry of the undertaking which owns the goods offered for sale in the trade register at the place of the sale is incompatible with Articles 30 and 36 of the Treaty. Such a measure, which is capable of impeding the free movement of goods, cannot be justified either by mandatory requirements relating to the protection of consumers or by grounds of public policy under Article 36 since it is possible to impose conditions capable of protecting consumers which are less restrictive of the free movement of goods and the aim of preventing the sale of stolen goods can be attained by appropriate control measures.