Keywords
Summary

Keywords

1 . FREE MOVEMENT OF GOODS - DEROGATIONS - ARTICLE 36 OF THE TREATY - NARROWLY CONSTRUED - CONSUMER PROTECTION - FAIR TRADING - NO DEROGATION

( EEC TREATY , ART . 36 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROVISIONS REQUIRING AN INDICATION OF ORIGIN ON IMPORTED ARTICLES OF JEWELLERY

( EEC TREATY , ART . 30 )

Summary

1 . SINCE IT CONSTITUTES A DEROGATION FROM THE BASIC RULE THAT ALL OBSTACLES TO THE FREE MOVEMENT OF GOODS BETWEEN MEMBER STATES ARE TO BE ELIMINATED , ARTICLE 36 OF THE EEC TREATY MUST BE CONSTRUED NARROWLY ; THE EXCEPTIONS LISTED THEREIN CANNOT BE EXTENDED TO CASES OTHER THAN THOSE SPECIFICALLY LAID DOWN . IN VIEW OF THE FACT THAT NEITHER THE PROTECTION OF CONSUMERS NOR THE FAIRNESS OF COMMERCIAL TRANSACTIONS IS INCLUDED AMONGST THE EXCEPTIONS SET OUT IN ARTICLE 36 , THOSE GROUNDS CANNOT BE RELIED UPON AS SUCH IN CONNEXION WITH THAT ARTICLE .

2 . NATIONAL LEGISLATION REQUIRING ALL SOUVENIRS AND ARTICLES OF JEWELLERY IMPORTED FROM OTHER MEMBER STATES TO BEAR AN INDICATION OF ORIGIN OR THE WORD ' ' FOREIGN ' ' CONSTITUTES A MEASURE HAVING EQUIVALENT EFFECT WITHIN THE MEANING OF ARTICLE 30 OF THE EEC TREATY .