Opinion of the Advocate General — ECLI:EU:C:2003:288
Date: 2003-05-15
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Measures having equivalent effect;Quantitative restrictions
Procedure: Reference for a preliminary ruling
Origin: Germany

SUMMARY — CASE C-12/02 
Summary of the Judgment 
Free movement of goods — Quantitative restrictions on exports — Measures having 
equivalent effect — National rules prohibiting a national of another Member State from 
taking to that other State a vehicle purchased in the first Member State bearing temporary 
number plates issued, for the purpose of exporting the vehicle to that other Member State, 
by the competent authorities of the latter State — Incompatible with Article 29 EC — 
Criteria — justification — To be assessed by the national court — Penalties provided 
for in the rules inapplicable if necessary 
(Arts 29 EC and 30 EC) 
Article 29 EC precludes the rules of a 
Member State which prohibit a national of 
another Member State, on pain of criminal 
penalties such as imprisonment or a fine, 
from taking to that other State a vehicle 
purchased in the first Member State bearing 
temporary number plates issued, for the 
purpose of the export of the vehicle to that 
other Member State, by the competent 
authorities of the latter State, if those rules 
are of such a kind as to restrict export 
patterns, create a difference in treatment 
between a State's domestic trade and its 
external trade and give rise to an advantage 
for national trade at the expense of another 
Member State, provided that those rules 
cannot be justified under Article 30 EC. It 
is for the national court to ascertain 
whether that is so in the main proceedings. 
If the rules at issue in the main proceedings 
are held to be contrary to Article 29 EC, the 
penalties for which they make provision are 
inapplicable. 
(see paras 48-49, operative part) 
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