Keywords

Summary



Keywords

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1. Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Type-approval by a public body of radio equipment which it has not supplied ° Possibility of challenging the decision before the courts ° Permissible

(EEC Treaty, Art. 30)

2. State monopolies of a commercial nature ° Prohibition of marketing radio equipment not granted type-approval by the competent public body ° Inapplicability of Article 37 of the Treaty

(EEC Treaty, Art. 37)

3. Competition ° Public undertakings and undertakings to which the Member States grant special or exclusive rights ° Market in telecommunications terminal equipment ° National rules prohibiting the marketing of equipment not granted type-approval by a public undertaking present on the telecommunications market ° Not permissible

(Commission Directive 88/301, Art. 6)

4. Competition ° Community rules ° Provisions applicable to public undertakings and to undertakings to which Member States grant special and exclusive rights ° Matters covered ° National rules prohibiting the possession of radio equipment without ministerial authorization and the marketing of such equipment without type-approval granted by the competent minister ° Excluded

(EEC Treaty, Arts 86 and 90(1))

Summary

1. Article 30 of the EEC Treaty does not preclude a public undertaking from being given the power to grant type-approval for radio transmitters or receivers which it has not supplied, provided that the decisions of that undertaking can be challenged before the courts.

2. Article 37 of the EEC Treaty does not preclude the application of national laws or regulations which prohibit the sale or hire of radio transmitters or receivers where a model has not been granted type-approval by the competent public body as complying with the technical requirements determined by the minister.

The requirement of type-approval for radio equipment is a response to a matter of State concern, namely the regulation of the public airwaves, and the granting of such approval does not in any event fall within the scope of Article 37.

3. For equipment covered by Directive 88/301 on competition in the markets in telecommunications terminal equipment, and for the period after 1 July 1989, Article 6 of that directive precludes national rules which prohibit and lay down penalties for the offering for sale or hire of equipment without a model having been granted type-approval by a public undertaking offering goods and/or services in the telecommunications sector.

4. Article 90(1), read in conjunction with Article 86, of the Treaty does not preclude the application of national provisions which prohibit the possession of radio transmitters or receivers without ministerial authorization, or the sale or hire of such equipment without a model having been granted type-approval as complying with the technical requirements determined by the competent minister, even if the equipment has been approved in another Member State. Only measures adopted by the Member States in regard to public undertakings and undertakings to which they grant special or exclusive rights fall within the scope of Article 90(1). That provision of the Treaty cannot therefore be relied on as against a power of authorization conferred on a minister within the normal framework of his powers.