Opinion of the Advocate General — ECLI:EU:C:2007:784
Date: 2007-12-13
Language of the case: Portuguese
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Measures having equivalent effect;Approximation of laws;Quantitative restrictions
Procedure: Action for failure to fulfil obligations - successful
Origin: Portugal

Summary of the Judgment Free movement of goods – Quantitative restrictions – Measures having equivalent effect (Arts 28 EC and 30 EC; EEA Agreement, Arts 11 and 13) A Member State whose legislation prohibits the affixing of tinted film to the windscreens and the windows alongside the passenger seats in motor vehicles fails to fulfil its obligations under Articles 28 EC and 30 EC and Articles 11 and 13 of the Agreement on the European Economic Area. That prohibition affects the marketing of almost all coloured film, lawfully manufactured and marketed in other Member States or in States party to the EEA Agreement intended to be affixed to the windows of motor vehicles and is excessive and disproportionate with respect to the objectives of combating crime and ensuring road safety which it seeks to guarantee. Therefore, although it may be capable of facilitating the inspection of the passenger compartment of motor vehicles by means of simple observation from outside the vehicles, it does not follow that it is necessary to attain those objectives. In that connection, a visual inspection is only one means among others in order to fight crime and prevent offences relating to the obligation to wear seat belts, and at least some films, namely those with a sufficient degree of transparency, permit the desired visual inspection of the interior of motor vehicles. (see paras 35, 38, 40-42, 46-47)