Mickelsson and Roos

Restrictions on the use of personal watercraft, such as jet skis, could be caught by article 34, but could be justified on environmental grounds if proportionate.

Citation
Case C-142/05, [2009] ECR I-4273
Court
Court of Justice of the European Union
Year
2009
Subject
EU Law
Topic
Free movement of goods

Facts

Mr Mickelsson and Mr Roos were prosecuted in Sweden for riding personal watercraft, or jet skis, outside designated waterways. Swedish rules allowed the use of jet skis only on general navigable waterways and on waters designated by the local authorities, but at the time no waters had been designated. They argued that the rules were contrary to the free movement of goods, because they severely restricted the use of jet skis, which were not made in Sweden.

Legal principle

The Court of Justice held that rules restricting the use of a product could be measures having equivalent effect to quantitative restrictions, where they prevent users from using the product for the specific and inherent purposes for which it was intended or greatly restrict its use, so that consumers have only a limited interest in buying it. However, such rules could be justified by the aim of protecting the environment, as long as the national authorities designated waters within a reasonable time, which was for the national court to decide.

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