Keywords
Summary

Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - GRANT OF CREDIT TERMS FAVOURING THE PURCHASE OF DOMESTIC PRODUCTS - PRACTICE AMOUNTING TO A MEASURE HAVING EQUIVALENT EFFECT - INVALID UNDER NATIONAL LAW - IMMATERIAL

( EEC TREATY , ART . 30 )

2 . MEMBER STATES - OBLIGATIONS - SUPERVISORY TASKS ASSIGNED TO THE COMMISSION - DUTY OF MEMBER STATES - COOPERATION IN INQUIRIES INTO WHETHER A MEMBER STATE HAS FAILED TO FULFIL ITS TREATY OBLIGATIONS

( EEC TREATY , ARTS 5 , 155 AND 169 )

Summary

1 . THE ADOPTION BY THE AUTHORITIES OF A MEMBER STATE OF PROVISIONS ENTAILING CREDIT TERMS WHICH FAVOUR THE PURCHASE OF DOMESTIC PRODUCTS IN PREFERENCE TO PRODUCTS IMPORTED FROM OTHER MEMBER STATES CONSTITUTES A MEASURE HAVING EQUIVALENT EFFECT TO QUANTITATIVE RESTRICTIONS . THE FACT THAT SUCH PROVISIONS ARE INVALID UNDER NATIONAL LAW DOES NOT PREVENT THEM FROM BEING INCOMPATIBLE WITH ARTICLE 30 OF THE TREATY , IN SO FAR AS THEIR ADOPTION CREATES AN AMBIGUOUS AND UNCERTAIN SITUATION , TO THE DETRIMENT OF IMPORTED PRODUCTS .

2 . ARTICLE 5 OF THE TREATY PLACES MEMBER STATES UNDER AN OBLIGATION TO FACILITATE THE ACHIEVEMENT OF THE TASKS WHICH THE FIRST INDENT OF ARTICLE 155 ASSIGNED TO THE COMMISSION , NAMELY TO ENSURE THAT THE PROVISIONS OF THE TREATY AND THE MEASURES TAKEN BY THE INSTITUTIONS PURSUANT THERETO ARE APPLIED . MEMBER STATES ARE THEREFORE REQUIRED TO COOPERATE BONA FIDE IN ANY INQUIRY UNDERTAKEN BY THE COMMISSION UNDER ARTICLE 169 , AND TO SUPPLY THE COMMISSION WITH ALL THE INFORMATION REQUESTED TO THAT END .