Keywords
Summary

Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS ON EXPORTS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY , ART . 34 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - MARKETING OF A PRODUCT - DISPARITIES BETWEEN NATIONAL LAWS - OBSTACLES TO INTRA-COMMUNITY TRADE - WHETHER PERMISSIBLE

( EEC TREATY , ART . 30 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION OF A FREE-GIFT SCHEME INTRODUCED FOR SALES PROMOTION PURPOSES - WHETHER PERMISSIBLE

( EEC TREATY , ARTS 30 AND 34 )

Summary

1 . ARTICLE 34 OF THE TREATY IS CONCERNED WITH NATIONAL MEASURES THE AIM OF WHICH IS SPECIFICALLY TO RESTRICT THE FLOW OF EXPORTS AND THUS ESTABLISH A DIFFERENCE IN TREATMENT BETWEEN THE DOMESTIC TRADE OF A MEMBER STATE AND ITS EXPORT TRADE , IN SUCH A WAY AS TO CONFER A PARTICULAR ADVANTAGE ON THE DOMESTIC PRODUCTION OR THE DOMESTIC MARKET OF THE STATE IN QUESTION .

2 . IN THE ABSENCE OF COMMON RULES , OBSTACLES TO MOVEMENT WITHIN THE COMMUNITY RESULTING FROM DISPARITIES BETWEEN NATIONAL RULES RELATING TO THE MARKETING OF A PRODUCT MUST BE ACCEPTED IN SO FAR AS THOSE RULES , BEING APPLICABLE TO DOMESTIC PRODUCTS AND IMPORTED PRODUCTS WITHOUT DISTINCTION , ARE JUSTIFIABLE AS BEING NECESSARY IN ORDER TO SATISFY MANDATORY REQUIREMENTS RELATING , INTER ALIA , TO CONSUMER PROTECTION AND FAIR TRADING .

3 . ARTICLES 30 AND 34 OF THE EEC TREATY DO NOT PRECLUDE THE APPLICATION BY A MEMBER STATE TO PRODUCTS FROM , OR INTENDED FOR , ANOTHER MEMBER STATE OF NATIONAL LEGISLATION WHICH PROHIBITS THE OFFERING OR GIVING , FOR SALES PROMOTION PURPOSES , OF FREE GIFTS IN THE FORM OF BOOKS TO PURCHASERS OF AN ENCYCLOPAEDIA AND REQUIRES , FOR THE APPLICATION OF AN EXCEPTION TO THAT PROHIBITION , THE EXISTENCE OF A RELATIONSHIP BETWEEN THE CONSUMPTION OR USE OF THE FREE GIFT AND THE PRODUCT CONSTITUTING THE BASIS FOR THE OFFERING OF THE GIFT .