Opinion of the Advocate General — ECLI:EU:C:1998:12
Date: 1998-01-15
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Provisional data;Environment;Free movement of goods;Measures having equivalent effect;Quantitative restrictions;Transport
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the J u d g m e n t 
Free movement of goods — Quantitative restrictions — Measures having equivalent effect — 
Noise emissions from subsonic aircraft — National legislation making the registration of aircraft 
conditional upon compliance with stricter noise standards than those Uid down by Directive 
83/206— Barrier to the importation of aircraft —Justification — Protection of public health and 
of the environment 
(EC Treaty, Art. 30; Council Directives 80/51 and 83/206) 
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SUMMARY — CASE C-389/96 
Article 30 of the Treaty does not preclude 
national legislation which makes the first 
registration in national territory of aircraft 
previously registered in another Member 
State conditional upon compliance with 
stricter noise standards than those laid down 
by Directive 80/51 on the limitation of noise 
emissions from subsonic aircraft, as amended 
by Directive 83/206, while exempting from 
those standards aircraft which obtained reg­
istration in national territory before that 
directive was implemented. 
Even though such legislation restricts intra-
Community trade, a barrier of that kind may 
nevertheless be justified by considerations of 
public health and environmental protection 
and is not disproportionate to the objective 
pursued which is to combat the noise pollu­
tion generated by aircraft. 
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