End date 2009 | Ruling court European Court of Justice | |
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Citation(s) (2009) C-110/05, [2009] ECR I-519 Similar Commission v France (1997), Commission v Germany (1987), Procureur du Roi v Benoît an, Keck and Mithouard, Rewe‑Zentral AG v Bundesm | ||
Commission v Italy (2009) C-110/05 is an EU law case, concerning the free movement of goods in the European Union.
Contents
Facts
Italian law prohibited motorcycles and mopeds from pulling trailers (that is, it regulated the use of a product). It applied without regard to the origin of the trailers, but it only affected imported goods in fact. Italian manufacturers did not make such trailers to be towed by motorcycles. The Commission challenged the Italian law as being contrary to TFEU article 34.
Advocate General Bot
AG Bot argued that this should be considered a measure equivalent to a quantitative restriction on trade, that required justification.
Court of Justice
Court of Justice held that a measure hindering market access would be considered a measure equivalent to a quantitative restriction on trade, but that it could be justified on the facts.