Opinion of the Advocate General — ECLI:EU:C:2012:176
Date: 2012-03-28
Language of the case: German
Subject matter: Competition;Agreements, decisions and concerted practices;Free movement of goods;Measures having equivalent effect;Quantitative restrictions
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Scope — Presumption of compliance with national law — Standardisation and certification activities of a private-law body — Included (Art. 28 EC) Article 28 EC must be interpreted as meaning that it applies to standardisation and certification activities of a private-law body, where the national legislation considers the products certified by that body to be compliant with national law and that has the effect of restricting the marketing of products which are not certified by that body. That is the case where the body offers the only possibility for obtaining a compliance certificate for certain products and, by virtue of its authority to certify the products, holds the power to regulate the entry into the market of those products. (see paras 28, 31, 32, operative part)