Keywords
Summary

Keywords

Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Noise emissions from subsonic aircraft - National legislation making the registration of aircraft conditional upon compliance with stricter noise standards than those laid down by Directive 83/206 - Barrier to the importation of aircraft - Justification - Protection of public health and of the environment

(EC Treaty, Art. 30; Council Directives 80/51 and 83/206)

Summary

Article 30 of the Treaty does not preclude national legislation which makes the first registration in national territory of aircraft previously registered in another Member State conditional upon compliance with stricter noise standards than those laid down by Directive 80/51 on the limitation of noise emissions from subsonic aircraft, as amended by Directive 83/206, while exempting from those standards aircraft which obtained registration in national territory before that directive was implemented.

Even though such legislation restricts intra-Community trade, a barrier of that kind may nevertheless be justified by considerations of public health and environmental protection and is not disproportionate to the objective pursued which is to combat the noise pollution generated by aircraft.