Keywords
Summary

Keywords

++++

1 . Approximation of laws - Directive harmonizing health protection measures applicable to trade in certain goods - Adoption of national measures - Obligation to observe the limits set by the directive and, in any event, those resulting from Article 36 of the Treaty

( EEC Treaty, Arts 36 and 100 )

2 . Approximation of laws - Protection of plant health - Directive 77/93 - National measure prohibiting imports - Circumstances in which such a measure is permissible

( EEC Treaty, Art . 36; Council Directive 77/93, Art . 4(2)(a ) )

3 . Free movement of goods - Derogations - Circumstances in which derogations are permissible - Reliance on grounds relating to the limitation of public expenditure

( EEC Treaty, Arts 30 and 36 )

Summary

1 . Where, in application of Article 100 of the Treaty, Community directives provide for the harmonization of health protection measures and establish Community procedures to check that they are observed, Member States are entitled to adopt protective measures only within the framework outlined by the harmonizing directive . That type of directive is intended to promote the free movement of goods by eliminating or at least reducing obstacles to free movement which may be created by national health inspection measures adopted pursuant to Article 36 of the Treaty . It follows that the Member States' power to adopt health protection measures under the harmonizing directive may not under any circumstances exceed the limits laid down by Article 36 .

2 . The power granted to the Member States by Article 4(2)(a ) of Directive 77/93 to bar, on grounds of health protection, the introduction into their territory of plants, plant products and other objects listed in Annex III, Part B, to that directive cannot, having regard to Article 36 of the Treaty be construed as authorizing the Member States to adopt measures restrictive of trade which go beyond what is necessary in order to achieve the desired objective of protection .

3 . The Member States may not derogate from Article 30 of the Treaty by introducing or maintaining rules or practices which, even though they are beneficial, contain restrictions which are explained primarily by a concern to lighten the administration' s burden or reduce public expenditure, unless, in the absence of the said rules or practices, this burden of expenditure clearly would exceed the limits of what can reasonably be required .