Keywords

Summary



Keywords

1. Free movement of goods - Quantitative restrictions - Measures having equivalent effect - National legislation prohibiting the marketing of radio apparatus which does not bear the national type-approval stamp - Not permissible

(Art. 28 EC)

2. Approximation of laws - Radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity - Directive 1999/5 - Articles 6(1), 7(1) and 8(1) - Direct effect - National legislation or administrative practice prohibiting the marketing or putting into service of radio apparatus which does not bear the national type-approval stamp - Not permissible - Conditions

(Directive 1999/5/EC of the European Parliament and of the Council, Art. 6(1), 7(1 and (2), and 8(1))

3. Free movement of goods - Derogations - Procedure for the exchange of information on national measures derogating from the principle of the free movement of goods - Definition of measure which is an obstacle to the free movement of goods or to their being placed on the market - Scope - Continuance of an administrative seizure of a certain model or type of products lawfully marketed in another Member State following checks by the competent national authorities that the product complies with national and Community legislation - Inclusion

(Decision No 3052/95/EC of the European Parliament and of the Council, Art. 1)

4. Community law - National legislation contrary to Community law - Imposition of fines or other coercive measures for infringements of those provisions - Incompatible with Community law

Summary

$$1. Article 28 EC precludes legislation and national administrative practice which - in the context of a system where matters concerning conformity assessment procedures for the purposes of placing radio equipment on the market and putting such equipment into service have been delegated to the administrative authorities, to be decided at their discretion - prevents economic operators from importing, marketing or holding in stock, with a view to selling, radio equipment that has not undergone national type-approval, and which does not admit other forms of evidence, equally reliable but less burdensome to obtain, to prove that such equipment is in conformity with requirements concerning the proper use of the radio frequencies authorised under national law.

( see para. 47, operative part 1 )

2. The provisions of the second sentence of Article 6(1), Article 7(1) and Article 8(1) of Directive 1999/5 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity confer on individuals rights which may be relied upon before national courts even though the Directive itself has not been formally implemented in national law within the period prescribed. Article 7(2) of the Directive does not allow for the maintenance in force of legislation or administrative practice which, after the date of expiry of the time-limit for transposing the Directive, prohibit the marketing or the putting into service of radio equipment which does not bear the national type-approval stamp, where it has been confirmed that such equipment makes efficient and proper use of the radio frequencies authorised under national law, or where it is easy to verify that this is the case.

( see para. 66, operative part 2 )

3. The term measure within the meaning of Article 1 of Decision No 3052/95 establishing a procedure for the exchange of information on national measures derogating from the principle of the free movement of goods within the Community includes any measures, other than judicial decisions, taken by a Member State having the effect of restricting the free movement of goods lawfully produced or marketed in another Member State. Where the administrative authorities, having seized a particular model or a particular type of product which is lawfully marketed in another Member State, continue to withhold that model or product after a check has been carried out by the public authorities responsible for technical checks to ascertain that the product in question is in conformity with both national and Community legislation, that is a measure which must be notified to the Commission within the meaning of that provision.

( see para. 73, operative part 3 )

4. Where national provisions have been recognised as being contrary to Community law, the imposition of fines or other coercive measures for infringements of those provisions is also incompatible with Community law.

( see para. 80, operative part 4 )