Keywords
Summary

Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PUBLICITY CAMPAIGN TO PROMOTE DOMESTIC PRODUCTS - PROVISIONS GOVERNING AID GRANTED BY STATES - WHETHER APPLICABLE TO THE METHOD OF FINANCING THE CAMPAIGN - POSSIBILITY WHICH DOES NOT EXCLUDE APPLICATION OF THE PROHIBITION ON MEASURES HAVING AN EQUIVALENT EFFECT .

( EEC TREATY , ARTS 30 , 92 AND 93 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PUBLICITY CAMPAIGN TO PROMOTE DOMESTIC PRODUCTS - PRACTICE CONSTITUTING A MEASURE HAVING EQUIVALENT EFFECT - REQUIREMENTS - PRACTICE BASED ON MEASURES WHICH ARE NOT BINDING - NOT SIGNIFICANT

( EEC TREATY , ARTS 2 , 3 AND 30 )

Summary

1 . THE FACT THAT ARTICLES 92 AND 93 OF THE EEC TREATY MAY BE APPLICABLE TO THE METHOD OF FINANCING A CAMPAIGN TO PROMOTE THE SALE AND PURCHASE OF DOMESTIC PRODUCTS , WHICH MAY BE CONTRARY TO ARTICLE 30 OF THE TREATY , DOES NOT MEAN THAT THE CAMPAIGN ITSELF MAY ESCAPE THE PROHIBITION LAID DOWN IN ARTICLE 30 .

2 . THE IMPLEMENTATION OF A PROGRAMME DEFINED BY THE GOVERNMENT OF A MEMBER STATE WHICH AFFECTS THE NATIONAL ECONOMY AS A WHOLE AND WHICH IS INTENDED TO CHECK THE FLOW OF TRADE BETWEEN MEMBER STATES BY ENCOURAGING THE PURCHASE OF DOMESTIC PRODUCTS , BY MEANS OF AN ADVERTISING CAMPAIGN ON A NATIONAL SCALE , AND BY ORGANIZING SPECIAL PROCEDURES APPLICABLE SOLELY TO DOMESTIC PRODUCTS , SUCH ACTIVITIES BEING ATTRIBUTABLE AS A WHOLE TO THE GOVERNMENT AND PURSUED IN AN ORGANIZED FASHION THROUGHOUT THE NATIONAL TERRITORY , IS TO BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS .

SUCH A PRACTICE CANNOT ESCAPE THE PROHIBITION LAID DOWN BY ARTICLE 30 OF THE TREATY SOLELY BECAUSE IT IS NOT BASED ON DECISIONS WHICH ARE BINDING UPON UNDERTAKINGS . EVEN MEASURES ADOPTED BY THE GOVERNMENT OF A MEMBER STATE WHICH DO NOT HAVE BINDING EFFECT MAY BE CAPABLE OF INFLUENCING THE CONDUCT OF TRADERS AND CONSUMERS IN THAT STATE AND THUS OF FRUSTRATING THE AIMS OF THE COMMUNITY AS SET OUT IN ARTICLE 2 AND ENLARGED UPON IN ARTICLE 3 OF THE TREATY .