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YOUR NOTES ON '61980CJ0155_SUM'
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CASE-LAW

61980CJ0155_EN

Keywords
Summary

Keywords

1 . COMMUNITY LAW - PRINCIPLES - EQUALITY OF TREATMENT - DISCRIMINATION ON THE GROUNDS OF NATIONALITY - PROHIBITION - SCOPE

( EEC TREATY , ART . 7 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS ON EXPORTS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT - RULES BASED ON OBJECTIVE CRITERIA AND NOT DISTINGUISHING BETWEEN DOMESTIC TRADE AND EXPORT TRADE - EXCLUSION

( EEC TREATY , ART . 34 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - RULES PROHIBITING NIGHTWORK IN BAKERIES - PERMISSIBILITY

( EEC TREATY , ARTS 30 AND 34 )

Summary

1 . THE PRINCIPLE OF NON-DISCRIMINATION CONTAINED IN ARTICLE 7 OF THE EEC TREATY IS NOT INFRINGED BY RULES WHICH ARE APPLICABLE NOT ON THE BASIS OF THE NATIONALITY OF TRADERS , BUT ON THE BASIS OF THEIR LOCATION . THERE IS THEREFORE NO INFRINGEMENT OF ARTICLE 7 , EVEN IF , BY MEANS OF A STATUTORY PROVISION WHICH MAKES NO DISTINCTION DIRECTLY OR INDIRECTLY ON GROUNDS OF NATIONALITY , A MEMBER STATE CREATES A SITUATION AFFECTING THE COMPETITIVENESS OF TRADERS ESTABLISHED ON ITS TERRITORY COMPARED WITH TRADERS ESTABLISHED IN OTHER MEMBER STATES .

2 . ARTICLE 34 OF THE EEC TREATY CONCERNS NATIONAL MEASURES WHICH HAVE AS THEIR SPECIFIC OBJECT OR EFFECT THE RESTRICTION OF PATTERNS OF EXPORTS AND THEREBY THE ESTABLISHMENT OF A DIFFERENCE IN TREATMENT BETWEEN THE DOMESTIC TRADE OF A MEMBER STATE AND ITS EXPORT TRADE , IN SUCH A WAY AS TO PROVIDE A PARTICULAR ADVANTAGE FOR NATIONAL PRODUCTION OR FOR THE DOM- ESTIC MARKET OF THE STATE IN QUESTION .

THIS IS CLEARLY NOT THE CASE WITH RULES WHICH ARE PART OF ECONOMIC AND SOCIAL POLICY AND APPLY BY VIRTUE OF OBJECTIVE CRITERIA TO ALL THE UNDERTAKINGS IN A PARTICULAR INDUSTRY WHICH ARE ESTABLISHED WITHIN THE NATIONAL TERRITORY , WITHOUT LEADING TO ANY DIFFERENCE IN TREATMENT WHATSOEVER ON THE GROUND OF THE NATIONALITY OF TRADERS AND WITHOUT DISTINGUISHING BETWEEN THE DOMESTIC TRADE OF THE STATE IN QUESTION AND THE EXPORT TRADE .

3 . ARTICLES 30 AND 34 OF THE EEC TREATY DO NOT APPLY TO NATIONAL RULES WHICH PROHIBIT THE PRODUCTION OF ORDINARY AND FINE BAKER ' S WARES AND ALSO THEIR TRANSPORT AND DELIVERY TO INDIVIDUAL CONSUMERS AND RETAIL OUTLETS DURING THE NIGHT UP TO A CERTAIN HOUR .

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