Keywords
Summary

Keywords

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Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Rules on vehicle model-year dates discouraging parallel imports

(EC Treaty, Art. 30)

Summary

Article 30 of the Treaty precludes national legislation concerning model-year dates for motor vehicles which causes the administrative authorities and traders of the Member State in question to consider that, where two motor vehicles of the same model and make are sold in that Member State after 30 June, only the vehicle which was the subject of a parallel import would be prohibited from holding itself out as being of the following model year. Such rules are likely to discourage the sale of the vehicles concerned in so far as, although they are the same model as the others, they are presented as being of an earlier year and accordingly are at a discount on resale or where compensation is payable in the event of a claim.

In addition, such rules cannot be justified under requirements relating to consumer protection or fairness of transactions. They do not guarantee that the consumer will be informed with certainty either of the differences in the characteristics of two vehicles of different model years or that two vehicles of the same model and model year will be identically manufactured.