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CASE-LAW

61991CJ0169_EN

Keywords
Summary

Keywords

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Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Legislation prohibiting retailers from opening their premises on Sundays ° Whether permissible

(EEC Treaty, Art. 30)

Summary

Article 30 of the Treaty is to be interpreted as meaning that the prohibition which it lays down does not apply to national legislation prohibiting retailers from opening their premises on Sundays.

Such legislation, which is not intended to regulate the flow of goods and affects the sale of both domestic and imported products, pursues an aim which is justified under Community law; it reflects certain choices relating to particular national or regional socio-cultural characteristics and it is for the Member States to make those choices in compliance with the requirements of Community law, in particular the principle of proportionality. As far as that principle is concerned, the restrictive effects on Community trade which might result from such rules would not appear to be excessive in relation to the aim pursued.

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