Keywords
Summary

Keywords

++++

1 . ACTION FOR FAILURE TO FULFIL OBLIGATIONS - OBJECT OF THE ACTION - ESTABLISHED BY THE REASONED OPINION - TIME-LIMIT ACCORDED TO THE MEMBER STATE - DEFAULT SUBSEQUENTLY REMEDIED - OBJECT OF PURSUIT OF THE ACTION - POSSIBLE LIABILITY OF A MEMBER STATE

( EEC TREATY, ART . 169 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PARALLEL IMPORTS OF VEHICLES - INCREASE IN THE NUMBER OF ADMINISTRATIVE REQUIREMENTS - UNACCEPTABLE - JUSTIFICATION - GROUNDS OF PUBLIC POLICY - NONE

( EEC TREATY, ARTS 30 AND 36 )

Summary

1 . THE OBJECT OF AN ACTION UNDER ARTICLE 169 IS ESTABLISHED BY THE COMMISSION' S REASONED OPINION, AND EVEN WHEN THE DEFAULT HAS BEEN REMEDIED AFTER THE TIME-LIMIT PRESCRIBED BY PARAGRAPH 2 OF THE SAME ARTICLE, PURSUIT OF THE ACTION STILL HAS AN OBJECT . THAT OBJECT MAY CONSIST IN PARTICULAR IN ESTABLISHING THE BASIS OF THE LIABILITY THAT A MEMBER STATE COULD INCUR TOWARDS THOSE WHO ACQUIRE RIGHTS AS A RESULT OF ITS DEFAULT .

2 . ARTICLE 30 OF THE TREATY, PROHIBITING MEASURES HAVING EQUIVALENT EFFECT TO A QUANTITATIVE RESTRICTION, IS INFRINGED BY AN INCREASE BY A MEMBER STATE IN THE NUMBER OF ADMINISTRATIVE REQUIREMENTS INVOLVING THE PRODUCTION OF DOCUMENTS NECESSARY FOR PARALLEL IMPORTS OF VEHICLES, WHETHER NEW OR ALREADY REGISTERED, FROM OTHER MEMBER STATES . THOSE REQUIREMENTS, WHICH MAKE REGISTRATION OF THE VEHICLES MORE COMPLICATED, LONGER AND MORE COSTLY, CANNOT BE JUSTIFIED ON GROUNDS OF PUBLIC POLICY CONNECTED WITH THE DETECTION OR PREVENTION OF DEALING IN STOLEN VEHICLES SINCE THEY CANNOT BE REGARDED AS NECESSARY FOR THAT PURPOSE . THAT IS THE CASE WHEN THE INFORMATION REQUIRED DUPLICATES THAT SUPPLIED BY THE AUTHORITIES OF THE EXPORTING MEMBER STATE AND LESS RESTRICTIVE MEASURES WOULD BE SUFFICIENT TO ACHIEVE THE DESIRED OBJECTIVE .