ECJ 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. 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. 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.
Citations:
C-82/77
European
Updated: 10 April 2022; Ref: scu.132644
