Judgment — ECLI:EU:C:2003:551
Date: 2003-10-16
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Measures having equivalent effect;Quantitative restrictions
Concepts: Import or export licences and declarations, standards certificates, etc.
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Summary of the Judgment 
Free movement of goods — Quantitative restrictions — Measures having equivalent 
effect — National legislation making the marketing of marine equipment subject to the 
issue of a certificate of conformity — Not permissible 
(Art. 28 EC) 
I - 12023 
SUMMARY — CASE C-455/01 
A Member State which keeps in force 
legislation under which products in respect 
of which there has not yet been full 
harmonisation, intended for use on mer­
chant vessels flying the flag of that Member 
State, may be marketed only if a certificate 
of conformity has been issued by a national 
body — so that in some cases the right to 
market the products is enjoyed only by the 
grantee of the certificate — and which 
does not recognise the validity of tests 
carried out in accordance with inter­
national standards by bodies recognised in 
the other Member States, even where the 
relevant information is made available to 
the competent authority and it is clear from 
the certificates that the equipment guaran­
tees a degree of safety equivalent to that 
required for national products, has failed to 
fulfil its obligations under Article 28 EC. 
(see para. 27, operative part) 
I - 12024