Procureur du Roi v Dassonville
All trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra EU trade are measures having equivalent effect to quantitative restrictions.
Facts
Belgian law required imported goods bearing a designation of origin, such as Scotch whisky, to be accompanied by a certificate of origin issued by the authorities of the country of origin. Mr Dassonville, a trader, imported Scotch whisky into Belgium from France, where it was in free circulation, without a British certificate of origin, which was difficult to obtain for goods bought in France. He forged a certificate and was prosecuted.
Legal principle
The Court of Justice held that the Belgian requirement was a measure having equivalent effect to a quantitative restriction, contrary to what is now article 34 of the Treaty on the Functioning of the European Union. It said that all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra Community trade are to be considered as measures having an effect equivalent to quantitative restrictions. The requirement favoured direct importers from the country of origin, and it was not reasonable. This broad definition is known as the Dassonville formula.
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
- Conegate Ltd v HM Customs & Excise Case 121/85, [1986] ECR 1007
- Deutscher Apothekerverband eV v 0800 DocMorris NV Case C-322/01, [2003] ECR I-14887
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