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YOUR NOTES ON '61989CJ0332_SUM'
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CASE-LAW

61989CJ0332_EN

Keywords
Summary

Keywords

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Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Legislation on Sunday as a day of rest for employees in the retail sector - Whether permissible - Treaty provisions on freedom to provide services and on competition - Inapplicable

(EEC Treaty, Arts. 3(f), 5, 30, 34, 59 to 66 and 85)

Summary

The prohibition contained in Article 30 of the EEC Treaty, properly construed, does not apply to national legislation prohibiting the employment of staff on Sundays after 12 noon.

Such legislation, which is not designed to control trade and affects the sale of both domestic and imported products, pursues an aim which is justified with regard to Community law since in seeking to ensure that working and non-working hours are so arranged as to accord with national or regional socio-cultural characteristics it reflects certain political and economic choices. The restrictive effects on trade which may result do not seem disproportionate to the aim pursued.

The same is true of the prohibition under Article 34 of the Treaty, where such legislation is applied in accordance with objective criteria to all traders in a given sector, without distinguishing between goods which the consumer intends to use where they are bought and those which he wishes to export.

Neither Articles 59 to 66 nor the combined provisions of Articles 3(f), 5 and 85 of the Treaty are applicable.

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