Opinion of the Advocate General — ECLI:EU:C:2000:147
Date: 2000-03-21
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: Sweden

Summary of the Judgment 
Free movement of goods — Quantitative restrictions — Measures having equivalent 
effect — Prohibition on the use of trichloroethylene for industrial purposes accompanied 
by a system of exemptions —Justification — Protection of public health 
(EC Treaty, Arts 30 and 36 (now, after amendment, Arts 28 EC and 30 EC» 
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SUMMARY — CASE C-473/98 
National legislation which lays down a 
general prohibition on the use of trichlor-
oethylene for industrial purposes and estab­
lishes a system of individual exemptions, 
granted subject to conditions, constitutes a 
measure having an effect equivalent to a 
quantitative restriction within the meaning 
of Article 30 of the Treaty (now, after 
amendment, Article 28 EC) which is justi­
fied under Article 36 of the EC Treaty 
(now, after amendment, Article 30 EC) on 
grounds of the protection of health of 
humans. 
Taking account of the latest medical 
research on the subject, and also the 
difficulty of establishing the threshold 
above which exposure to trichloroethylene 
poses a serious health risk to humans, given 
the present state of the research, it does not 
appear that such legislation goes beyond 
what is necessary to achieve the objective in 
view. In particular, the system of individual 
exemptions, granted subject to conditions, 
established by the regulation appears to be 
appropriate and proportionate in that it 
offers increased protection for workers, 
whilst at the same time taking account of 
the undertakings' requirements in the mat­
ter of continuity. 
(see paras 35, 45-46, 49 
and operative part) 
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