Henri Cullet and Chambre syndicale des reparateurs automobiles et detaillants de produits petroliers v Centre Leclerc a Toulouse and Centre Leclerc a Saint-Orens-de-Gameville: ECJ 29 Jan 1985

Europa ‘I would add that the acceptance of civil disturbances as justification for encroachments upon the free movement of goods would, as is apparent from experiences of the last year (and before, during the Franco-Italian ‘wine war’) have unacceptably drastic consequences. If road-blocks and other effective weapons of interest groups which feel threatened by the importation and sale at competitive prices of certain cheap products or services, or by immigrant workers or foreign businesses, were accepted as justification, the existence of the four fundamental freedoms of the Treaty could no longer be relied upon. Private interest groups would then, in place of the Treaty and Community (and, within the limits laid down in the Treaty, national) institutions, determine the scope of those freedoms. In such cases, the concept of public policy requires, rather, effective action on the part of the authorities to deal with such disturbances.’


C-231/83, [1985] ECR 305

Cited by:

CitedRegina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited HL 2-Apr-1998
Chief Constable has a Wide Discretion on Resources
Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under . .
Lists of cited by and citing cases may be incomplete.


Updated: 11 April 2022; Ref: scu.133730