Procureur du Roi v Lagauche and others (Judgment): ECJ 27 Oct 1993

Europa Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Type-approval by a public body of radio equipment which it has not supplied – Possibility of challenging the decision before the courts – Permissible (EEC Treaty, Art. 30)
State monopolies of a commercial nature – Prohibition of marketing radio equipment not granted type-approval by the competent public body – Inapplicability of Article 37 of the Treaty (EEC Treaty, Art. 37) 3. Competition – Public undertakings and undertakings to which the Member States grant special or exclusive rights – Market in telecommunications terminal equipment – National rules prohibiting the marketing of equipment not granted type-approval by a public undertaking present on the telecommunications market – Not permissible (Commission Directive 88/301, Art. 6)
Competition – Community rules – Provisions applicable to public undertakings and to undertakings to which Member States grant special and exclusive rights – Matters covered – National rules prohibiting the possession of radio equipment without ministerial authorization and the marketing of such equipment without type-approval granted by the competent minister – Excluded (EEC Treaty, Arts 86 and 90(1)).


C-46/90, [1993] EUECJ C-46/90



European, Commercial

Updated: 01 June 2022; Ref: scu.160441