Keywords
Summary

Keywords

FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - FORMAL CONFORMITY OF A LAW OR REGULATION WITH ARTICLE 30 OF THE EEC TREATY - INSUFFICIENT - TAKING INTO ACCOUNT PROTECTIONIST OR DISCRIMINATORY ADMINISTRATIVE PRACTICES - CONDITIONS

( EEC TREATY , ART . 30 )

Summary

THE FACT THAT A LAW OR REGULAION CONFORMS IN FORMAL TERMS TO ARTICLE 30 OF THE EEC TREATY IS NOT SUFFICIENT TO DISCHARGE A MEMBER STATE OF ITS OBLIGATIONS UNDER THAT PROVISION . THE PROHIBITION ON MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS WOULD LOSE MUCH OF ITS USEFUL EFFECT IF IT DID NOT COVER MERE PROTECTIONIST OR DISCRIMINATORY PRACTICES BESIDES LAWS AND REGULATIONS .

FOR AN ADMINISTRATIVE PRACTICE OF A PROTECTIONIST OR DISCRIMINATORY NATURE TO CONSTITUTE A MEASURE PROHIBITED UNDER ARTICLE 30 THAT PRACTICE MUST HOWEVER SHOW A CERTAIN DEGREE OF CONSISTENCY AND GENERALITY . THAT GENERALITY MUST BE ASSES- SED DIFFERENTLY ACCORDING TO WHETHER THE MARKET CONCERNED IS ONE ON WHICH THERE ARE NUMEROUS TRADERS OR WHETHER IT IS A MARKET ON WHICH ONLY A FEW UNDERTAKINGS ARE ACTIVE . IN THE LATTER CASE , A NATIONAL ADMINISTRATION ' S TREAT- MENT OF A SINGLE UNDERTAKING MAY CONSTITUTE A MEASURE INCOMPATIBLE WITH ARTICLE 30 .