Keywords

Summary



Keywords

1 . COMPETITION - COMMUNITY RULES - OBLIGATIONS OF MEMBER STATES

( EEC TREATY , ART . 5 , SECOND PARA , AND ART . 85 ( 1 ))

2 . COMPETITION - COMMUNITY RULES - NATIONAL LEGISLATION ON THE PRICE OF BOOKS - COMPATIBILITY - CONDITIONS

( EEC TREATY , ART . 3 ( F ), ART . 5 , SECOND PARA , AND ART . 85 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES EQUIVALENT IN EFFECT - CONCEPT - LEGISLATION DISCRIMINATING AGAINST IMPORTED PRODUCTS

( EEC TREATY , ART . 30 )

4 . FREE MOVEMENT OF GOODS - DEROGATIONS - ARTICLE 36 OF THE TREATY - STRICT INTERPRETATION - CONSUMER PROTECTION - PROTECTION OF CREATIVITY AND CULTURAL DIVERSITY IN THE PUBLISHING FIELD - EXCLUSION

( EEC TREATY , ART . 36 )

5 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES EQUIVALENT IN EFFECT - LEGISLATION ON THE PRICE OF BOOKS - PROHIBITION - CONDITIONS

( EEC TREATY , ART . 30 )

Summary

1 . WHILST IT IS TRUE THAT THE RULES ON COMPETITION SET OUT IN ARTICLE 85 ( 1 ) OF THE EEC TREATY ARE CONCERNED WITH THE CONDUCT OF UNDERTAKINGS AND NOT WITH NATIONAL LEGISLATION , MEMBER STATES ARE NONE THE LESS OBLIGED UNDER THE SECOND PARAGRAPH OF ARTICLE 5 OF THE TREATY NOT TO DETRACT , BY MEANS OF NATIONAL LEGISLATION , FROM THE FULL AND UNIFORM APPLICATION OF COMMUNITY LAW OR FROM THE EFFECTIVENESS OF ITS IMPLEMENTING MEASURES ; NOR MAY THEY INTRODUCE OR MAINTAIN IN FORCE MEASURES , EVEN OF A LEGISLATIVE NATURE , WHICH MAY RENDER INEFFECTIVE THE COMPETITION RULES APPLICABLE TO UNDERTAKINGS .

2 . AS COMMUNITY LAW STANDS , IN THE ABSENCE OF A COMMUNITY COMPETITION POLICY WITH RESPECT TO THE BOOK TRADE , MEMBER STATES ' OBLIGATIONS UNDER THE SECOND PARAGRAPH OF ARTICLE 5 OF THE TREATY , IN CONJUNCTION WITH ARTICLES 3 ( F ) AND 85 , ARE NOT SPECIFIC ENOUGH TO PRECLUDE THEM FROM ENACTING LEGISLATION WHEREBY THE RETAIL PRICE OF BOOKS MUST BE FIXED BY THE PUBLISHER OR BY THE IMPORTER AND IS BINDING ON ALL RETAILERS , PROVIDED THAT SUCH LEGISLATION IS CONSONANT WITH THE OTHER SPECIFIC PROVISIONS OF THE TREATY , IN PARTICULAR THOSE RELATING TO THE FREE MOVEMENT OF GOODS .

3 . ANY NATIONAL MEASURE WHICH IS CAPABLE OF HINDERING INTRA-COMMUNITY TRADE , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , IS TO BE CONSIDERED A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY . THAT WOULD BE THE CASE , FOR INSTANCE , WHERE NATIONAL LEGISLATION TREATED DOMESTIC PRODUCTS DIFFERENTLY FROM IMPORTED PRODUCTS OR DISADVANTAGED , IN ANY MANNER WHATSOEVER , THE MARKETING OF IMPORTED PRODUCTS VIS-A-VIS DOMESTIC PRODUCTS .

4 . SINCE IT DEROGATES FROM A FUNDAMENTAL RULE OF THE TREATY , ARTICLE 36 MUST BE INTERPRETED STRICTLY AND CANNOT BE EXTENDED TO COVER OBJECTIVES NOT EXPRESSLY ENUMERATED THEREIN . NEITHER THE SAFEGUARDING OF CONSUMERS ' INTERESTS NOR THE PROTECTION OF CREATIVITY AND CULTURAL DIVERSITY IN THE REALM OF PUBLISHING IS MENTIONED IN ARTICLE 36 AND SO CANNOT BE RELIED ON PURSUANT TO THAT ARTICLE .

5 . IN THE CONTEXT OF NATIONAL LEGISLATION ON THE PRICE OF BOOKS , THE FOLLOWING CONSTITUTE MEASURES EQUIVALENT IN EFFECT TO QUANTITATIVE RESTRICTIONS ON IMPORTS , CONTRARY TO ARTICLE 30 OF THE TREATY :

( A ) PROVISIONS WHEREBY THE IMPORTER RESPONSIBLE FOR COMPLYING WITH THE STATUTORY REQUIREMENT TO DEPOSIT ONE COPY OF EACH IMPORTED BOOK WITH THE AUTHORITIES , THAT IS TO SAY THE PRINCIPAL DISTRIBUTOR , IS RESPONSIBLE FOR FIXING THE RETAIL PRICE , AND

( B)PROVISIONS REQUIRING THE RETAIL PRICE FIXED BY THE PUBLISHER TO BE APPLIED TO BOOKS PUBLISHED IN THE MEMBER STATE CONCERNED AND RE-IMPORTED FOLLOWING EXPORTATION TO ANOTHER MEMBER STATE , UNLESS IT IS ESTABLISHED THAT THOSE BOOKS WERE EXPORTED FOR THE SOLE PURPOSE OF RE-IMPORTATION IN ORDER TO CIRCUMVENT THE LEGISLATION IN QUESTION .