Opinion of the Advocate General — ECLI:EU:C:2007:515
Date: 2007-09-13
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Consumer protection
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Free movement of goods – Quantitative restrictions – Measures having equivalent effect (Art. 28 EC) National rules which prohibit the sale and transfer by mail order of image storage media which have not been examined and classified by a competent national authority or by a national voluntary self‑regulatory body for the purposes of protecting young persons and which do not bear a label from that authority or body indicating the age from which they may be viewed, does not constitute a selling arrangement which is capable of hindering, directly or indirectly, actually or potentially intra-Community trade, but a measure having equivalent effect to quantitative restrictions within the meaning of Article 28 EC and is, in principle, incompatible with the obligations arising from that provision. However, those rules may be compatible with that provision provided that they do not go beyond what is necessary to attain the objective of protecting children pursued by the Member State concerned, as will be the case where the rules do not preclude all forms of marketing of unchecked image storage media and where it is permissible to import and sell such image storage media to adults, while ensuring that children do not have access to them. It could be otherwise only if it appears that the procedure for examining, classifying and labelling image storage media established by those rules is not easily accessible or cannot be completed within a reasonable period or that the decision of refusal cannot be open to challenge before the courts. (see paras 29, 32, 35, 42, 47-48, operative part)