European Community quantitative restrictions on import not relevant to every states legislation. Measures applying equally to all traders within a member state were not discriminatory.
Trade between Member States is not likely to be impeded, directly or indirectly, actually or potentially, by the application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States. Where those conditions are satisfied, the application of such rules to the sale of products from another Member State meeting the rules laid down by that State is not by nature such as to prevent their access to the market or to impede access any more than it impedes the access of domestic products. Such rules therefore fall outside the scope of Article 30 of the Treaty. It follows that Article 30 of the Treaty is to be interpreted as not applying where a Member State prohibits by legislation any sale which yields only a very low profit margin.
Citations:
Times 25-Sep-1995, Ind Summary 09-Oct-1995, C-63/94, [1995] ECR I-0000, [1995] EUECJ C-63/94
Links:
Statutes:
Jurisdiction:
European
Cited by:
Cited – Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano ECJ 30-Nov-1995
Practice by lawyers in other European jurisdictions were governed by the general principles of freedom of establishment under the Treaty: ‘National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by . .
Cited – Scotch Whisky Association and Others v The Lord Advocate and Another SC 15-Nov-2017
The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality.
Held: The Association’s appeal failed. Minimum . .
Lists of cited by and citing cases may be incomplete.
Commercial
Updated: 24 November 2022; Ref: scu.161302
