Conegate Ltd v HM Customs & Excise
A Member State cannot rely on public morality to ban imports of goods where similar goods may lawfully be made and sold within its territory.
Facts
Conegate, a British company, imported inflatable life size dolls from Germany. HM Customs and Excise seized them under the customs legislation prohibiting the import of indecent or obscene articles. Conegate argued that the seizure was contrary to the Treaty, because such dolls could lawfully be made and sold in the United Kingdom, subject only to some restrictions on how they were displayed and sold.
Legal principle
The Court of Justice held that the seizure was not justified on grounds of public morality. A Member State may not rely on grounds of public morality in order to prohibit the importation of goods from other Member States when its legislation contains no prohibition on the manufacture or marketing of the same goods on its territory. It was not enough that there were restrictions on their sale. The Court distinguished Henn and Darby, where there was no lawful trade in the goods.
Related cases on free movement of goods
- Commission v Denmark (Danish bottles) Case 302/86, [1988] ECR 4607
- Commission v France (Spanish strawberries) Case C-265/95, [1997] ECR I-6959
- Commission v Germany (Beer purity) Case 178/84, [1987] ECR 1227
- Commission v Ireland (Buy Irish) Case 249/81, [1982] ECR 4005
- Commission v Italy (Art treasures) Case 7/68, [1968] ECR 423
- Commission v Italy (Motorcycle trailers) Case C-110/05, [2009] ECR I-519
- Deutscher Apothekerverband eV v 0800 DocMorris NV Case C-322/01, [2003] ECR I-14887
- Keck and Mithouard Joined Cases C-267/91 and C-268/91, [1993] ECR I-6097
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