The complainant company manufactured lawful TV decoders. It complained that Spain applied a requirement for prior approval before they could be used in Spain. They complained that the system operated to restrict the free movement of goods within the Community.
Held: The scheme did infringe the right of free movement of goods, but the court must test as to its proportionality vis a vis the objective sought to be obtained. It must be based on objective, non-discriminatory criteria, and not duplicate testing procedures in the home state. It would be unlawful if it imposed such an impediment as to restrict the flow of goods.
Europa Reference for a preliminary ruling: Tribunal Supremo – Spain. Articles 30 and 59 of the EC Treaty (now, after amendment, Articles 28 EC and 49 EC) – National legislation requiring operators of conditional-access television services to register in a national register created for that purpose, indicating the characteristics of the technical equipment they use, and subsequently to obtain administrative certification thereof – Meaning of ‘technical regulation’
Citations:
Times 28-Jan-2002, C-390/99, [2002] EUECJ C-390/99, [2002] ECR I-607
Links:
Statutes:
Council Directive 95/47/EC, Council Directive 83/189/EEC
Jurisdiction:
European
Cited by:
Cited – Zalewska v Department for Social Development HL 12-Nov-2008
(Northern Ireland) The claimant challenged the rules restricting payment of benefits to nationals from the 8 latest European Accession states to those with an unbroken 12 month working record. The applicant came from Poland and worked at two . .
Lists of cited by and citing cases may be incomplete.
Media
Updated: 27 June 2022; Ref: scu.167513