Procureur du Roi v Benoit and Gustave Dassonville. (Quantitative Restrictions ) [1974] EUECJ R-8/74 (11 July 1974)

Procureur du Roi v Benoit and Gustave Dassonville. (Quantitative Restrictions ) [1974] EUECJ R-8/74 (11 July 1974)

A member state requirement for certificates of authenticity, less easily obtainable by importers from other member states than direct importers, constitutes a measure equivalent to a quantitative restriction prohibited by the Treaty. Exclusive dealing agreements do not automatically become void merely because they allow exploitation of such national rules.

Citation
[1974] EUECJ R-8/74
Parties
Public Prosecutor: Procureur du Roi; Defendant: Benoit Dassonville; Defendant: Gustave Dassonville; Civil Plaintiff: SA ETS. Fourcroy; Civil Plaintiff: SA Breuval et Cie
Jurisdiction
European Union
Judgment Date
11 July 1974
Procedural Posture
Preliminary Ruling / Reference From Tribunal De Première Instance De Bruxelles
Outcome
preliminary ruling issued
Legal Topics
Quantitative Restrictions, Measures Having Equivalent Effect, Designation of Origin, Exclusive Dealing Agreements, Competition, Free Movement of Goods
EU Law Competition Law Trade Law Quantitative Restrictions Measures Having Equivalent Effect Designation of Origin Exclusive Dealing Agreements Competition +1 more

Case Brief

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Parties

Procureur du Roi

Public Prosecutor

Benoit Dassonville

Defendant

Gustave Dassonville

Defendant

SA ETS. Fourcroy

Civil Plaintiff

SA Breuval et Cie

Civil Plaintiff

Procedural Posture

Preliminary Ruling / Reference From Tribunal De Première Instance De Bruxelles

Legal Issues

  1. 1 Whether national requirements for certificates of authenticity constitute measures equivalent to quantitative restrictions under Article 30 EEC Treaty
  2. 2 Whether exclusive dealing agreements restricting parallel imports violate Article 85 EEC Treaty

Ratio Decidendi

A member state requirement for certificates of authenticity, less easily obtainable by importers from other member states than direct importers, constitutes a measure equivalent to a quantitative restriction prohibited by the Treaty. Exclusive dealing agreements do not automatically become void merely because they allow exploitation of such national rules.

Court Disposition

preliminary ruling issued

Orders

  • Requirement for certificates of authenticity less easily obtainable by importers from other member states constitutes a prohibited measure equivalent to a quantitative restriction.
  • Exclusive dealing agreements merely authorizing exploitation of such national rules are not automatically void.