Criminal proceedings against Jan van de Haar and Kaveka de Meern BV. [1984] EUECJ R-178/82 (5 April 1984)

Criminal proceedings against Jan van de Haar and Kaveka de Meern BV. [1984] EUECJ R-178/82 (5 April 1984)

Article 30 EEC Treaty must be interpreted independently of Article 85; national legislation imposing fixed prices for tobacco products may constitute a measure having equivalent effect to a quantitative restriction if it is capable of hindering intra-Community trade, even if the hindrance is slight. Article 85 is not relevant to the compatibility of such legislation with Community law.

Citation
[1984] EUECJ R-178/82
Parties
Accused: Jan van de Haar; Accused: Kaveka de Meern BV; Prosecutor: Officier van Justitie, Utrecht
Jurisdiction
European Union
Judgment Date
05 April 1984
Procedural Posture
Preliminary Ruling (joined Criminal Proceedings) / Judgment on Reference for Preliminary Ruling
Outcome
Preliminary ruling issued; interpretation of EEC Treaty Articles 30 and 85 provided to national court.
Legal Topics
Free Movement of Goods, Quantitative Restrictions, Measures Having Equivalent Effect, Fixed Pricing, Competition Rules, Interpretation of EEC Treaty Articles 30 and 85
European Union Law Criminal Law Competition Law Free Movement of Goods Quantitative Restrictions Measures Having Equivalent Effect Fixed Pricing Competition Rules +1 more

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Parties

Jan van de Haar

Accused

Kaveka de Meern BV

Accused

Officier van Justitie, Utrecht

Prosecutor

Procedural Posture

Preliminary Ruling (joined Criminal Proceedings) / Judgment on Reference for Preliminary Ruling

Legal Issues

  1. 1 Whether national legislation imposing fixed prices for tobacco products constitutes a measure having equivalent effect to a quantitative restriction under Article 30 EEC Treaty
  2. 2 Whether Article 85 EEC Treaty is relevant to the assessment of such national legislation
  3. 3 Criteria for assessing hindrance to intra-Community trade by national measures

Ratio Decidendi

Article 30 EEC Treaty must be interpreted independently of Article 85; national legislation imposing fixed prices for tobacco products may constitute a measure having equivalent effect to a quantitative restriction if it is capable of hindering intra-Community trade, even if the hindrance is slight. Article 85 is not relevant to the compatibility of such legislation with Community law.

Court Disposition

Preliminary ruling issued; interpretation of EEC Treaty Articles 30 and 85 provided to national court.

Orders

  • Article 30 EEC Treaty pursues an aim different from Article 85; national courts must assess whether national measures are capable of hindering intra-Community trade, even if the hindrance is slight.
  • National legislation imposing fixed prices for tobacco products may constitute a measure having equivalent effect if it is likely to hinder trade, considering fiscal restraints.