Judgment — ECLI:EU:C:2006:141
Date: 2006-02-23
Language of the case: German
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Measures having equivalent effect;Quantitative restrictions
Concepts: Rules concerning the production, denomination and marketing of products
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Marketing methods (Arts 28 EC and 30 EC) Article 28 EC does not preclude a national provision by which a Member State prohibits in its territory the selling of, and collecting of orders for, silver jewellery in a door-step-selling situation where such a provision applies to all relevant traders in so far as it affects in the same manner, in law and in fact, the marketing of domestic products and that of products from other Member States. It is for the national court to ascertain whether the application of the national provision is liable to prevent the access to the market of products from other Member States or to impede that access more than it impedes the access to the market of domestic products and, if that is the case, to determine whether the measure concerned is justified by an objective in the general interest within the meaning given to that concept in the Court’s case-law or by one of the objectives listed in Article 30 EC, and whether that measure is proportionate to that objective. (see para. 30, operative part)