Commission v Italy (Art treasures)

A tax on the export of artistic, historic and archaeological items was a charge having equivalent effect to a customs duty, and could not be justified by the need to protect national heritage.

Citation
Case 7/68, [1968] ECR 423
Court
Court of Justice of the European Union
Year
1968
Subject
EU Law
Topic
Free movement of goods

Facts

Italy imposed a progressive tax on the export of articles of artistic, historic, archaeological or ethnographic interest. Italy argued that these items were not goods within the meaning of the Treaty, and that the tax was justified as a means of protecting the national artistic heritage. The Commission brought infringement proceedings against Italy.

Legal principle

The Court of Justice held that Italy had breached the Treaty. Goods, within the meaning of the Treaty, are products which can be valued in money and which are capable, as such, of forming the subject of commercial transactions, and the items concerned were goods. The tax was a charge having equivalent effect to a customs duty on exports, and the exceptions in article 36, including the protection of national treasures, apply only to quantitative restrictions and measures having equivalent effect, not to financial charges.

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