Keywords
Summary

Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - ARTICLE 30 OF THE TREATY - AIM DIFFERENT FROM THAT OF ARTICLE 85 - COMPATIBILITY OF NATIONAL RULES WITH THE PROHIBITION OF MEASURES HAVING EQUIVALENT EFFECT - CRITERIA

( EEC TREATY , ARTS 30 AND 85 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - SALE OF TOBACCO PRODUCTS TO THE CONSUMER - PRICES FIXED BY THE MANUFACTURER OR IMPORTER - COMPLIANCE IMPOSED BY A MEMBER STATE - PRACTICE POSSIBLY CONSTITUTING A MEASURE HAVING EQUIVALENT EFFECT - CRITERIA - ASSESSMENT BY THE NATIONAL COURT

( EEC TREATY , ART . 30 )

3 . COMPETITION - COMMUNITY RULES - SCOPE RATIONE MATERIAE - NATIONAL LEGISLATION IMPOSING PRICES FOR SALES TO THE CONSUMER - EXCLUSION

( EEC TREATY , ART . 85 )

Summary

1 . ARTICLE 30 OF THE TREATY , WHICH SEEKS TO ELIMINATE NATIONAL MEASURES CAPABLE OF HINDERING TRADE BETWEEN MEMBER STATES , PURSUES AN AIM DIFFERENT FROM THAT OF ARTICLE 85 , WHICH SEEKS TO MAINTAIN EFFECTIVE COMPETITION BETWEEN UNDERTAKINGS . A COURT CALLED UPON TO CONSIDER WHETHER NATIONAL LEGISLATION IS COMPATIBLE WITH ARTICLE 30 OF THE TREATY MUST DECIDE WHETHER THE MEASURE IN QUESTION IS CAPABLE OF HINDERING , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , INTRA-COMMUNITY TRADE . THAT MAY BE THE CASE EVEN THOUGH THE HINDRANCE IS SLIGHT AND EVEN THOUGH IT IS POSSIBLE FOR IMPORTED PRODUCTS TO BE MARKETED IN OTHER WAYS .

2 . IN ORDER TO DECIDE WHETHER LEGISLATION OF A MEMBER STATE WHICH , AS REGARDS THE SALE OF TOBACCO PRODUCTS TO THE CONSUMER , IMPOSES A FIXED PRICE FREELY CHOSEN BY THE MANUFACTURER OR IMPORTER CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION , THE NATIONAL COURT MUST INVESTIGATE WHETHER , HAVING REGARD TO THE FISCAL RESTRAINTS ON TRADE IN THE PRODUCTS CONCERNED , SUCH A SYSTEM OF IMPOSED PRICES IS IN ITSELF LIKELY TO HINDER , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , TRADE BETWEEN MEMBER STATES .

3 . WHILST IT IS TRUE THAT MEMBER STATES MAY NOT ENACT MEASURES ENABLING PRIVATE UNDERTAKINGS TO ESCAPE THE CONSTRAINTS IMPOSED BY ARTICLE 85 OF THE TREATY , THE PROVISIONS OF THAT ARTICLE BELONG TO THE RULES ON COMPETITION ' ' APPLYING TO UNDERTAKINGS ' ' AND ARE THUS INTENDED TO GOVERN THE CONDUCT OF PRIVATE UNDERTAKINGS IN THE COMMON MARKET . THEY ARE THEREFORE NOT RELEVANT TO THE QUESTION WHETHER NATIONAL LEGISLATION WHICH , AS REGARDS THE SALE OF TOBACCO PRODUCTS TO THE CONSUMER , IMPOSES A PRICE FIXED BY THE MANUFACTURER OR IMPORTER IS COMPATIBLE WITH COMMUNITY LAW .