Keywords
Summary

Keywords

1 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION - CRITERIA

( EEC TREATY , ART . 30 )

2 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - FIXED MINIMUM PRICE - APPLICATION WITHOUT DISTINCTION TO DOMESTIC PRODUCTS AND IMPORTED PRODUCTS - LOWER COST PRICE OF IMPORTED PRODUCTS - NOT TO BE REFLECTED IN THE SELLING PRICE TO CONSUMERS - PROHIBITION - EXEMPTION FROM FIXED MINIMUM PRICE AND TEMPORARY NATURE OF ITS APPLICATION - LACK OF JUSTIFICATION

( EEC TREATY , ART . 30 )

3 . AIDS GRANTED BY STATES - MINIMUM PRICES - FIXING BY PUBLIC AUTHORITIES OF MINIMUM RETAIL PRICES - COST BORNE EXCLUSIVELY BY CONSUMERS - NOT STATE AID

( EEC TREATY , ART . 92 )

Summary

1 . FOR THE PURPOSES OF THE PROHIBITION OF MEASURES HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION IT IS SUFFICIENT THAT SUCH MEASURES ARE LIKELY TO HINDER , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , IMPORTS BETWEEN MEMBER STATES .

2 . A FIXED MINIMUM PRICE WHICH , ALTHOUGH APPLICABLE WITHOUT DISTINCTION TO DOMESTIC PRODUCTS AND IMPORTED PRODUCTS , IS CAPABLE OF HAVING AN ADVERSE EFFECT ON THE MARKETING OF THE LATTER MUST BE CONSIDERED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION IN SO FAR AS IT PREVENTS THEIR LOWER COST PRICE FROM BEING REFLECTED IN THE RETAIL SELLING PRICE . THIS CONCLUSION MUST BE DRAWN EVEN THOUGH THE COMPETENT AUTHORITY IS EMPOWERED TO GRANT EXEMPTIONS FROM THE FIXED MINIMUM PRICE AND THOUGH THIS POWER IS FREELY APPLIED TO IMPORTED PRODUCTS , SINCE THE REQUIREMENT THAT IMPORTERS AND TRADERS MUST COMPLY WITH THE ADMINISTRATIVE FORMALITIES INHERENT IN SUCH A SYSTEM MAY IN ITSELF CONSTITUTE A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION . THE TEMPORARY NATURE OF THE APPLICATION OF THE FIXED MINIMUM PRICES IS NOT A FACTOR CAPABLE OF JUSTIFYING SUCH A MEASURE SINCE IT IS INCOMPATIBLE ON OTHER GROUNDS WITH ARTICLE 30 OF THE TREATY .

3 . ARTICLE 92 OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT THE FIXING BY A PUBLIC AUTHORITY OF MINIMUM RETAIL PRICES FOR A PRODUCT AT THE EXCLUSIVE EXPENSE OF CONSUMERS DOES NOT CONSTITUTE AN AID GRANTED BY A STATE WITHIN THE MEANING OF THAT ARTICLE .