Summary proceedings agains Sergius Oebel. [1981] EUECJ R-155/80 (14 July 1981)

Summary proceedings agains Sergius Oebel. [1981] EUECJ R-155/80 (14 July 1981)

National rules prohibiting night-work and restricting delivery times in bakeries, which apply objectively to all undertakings regardless of nationality and do not distinguish between domestic and export trade, do not infringe Article 7 EEC nor constitute measures equivalent to quantitative restrictions under Articles 30 and 34 EEC.

Citation
[1981] EUECJ R-155/80
Parties
Accused: Sergius Oebel; Respondent: German Government; Intervener: French Government; Intervener: Commission of the European Communities
Jurisdiction
European Union
Judgment Date
14 July 1981
Procedural Posture
Reference for Preliminary Ruling / Judgment
Outcome
preliminary ruling issued
Legal Topics
Non Discrimination, Free Movement of Goods, Quantitative Restrictions, Night Work Regulation
European Union Law Labour Law Trade Law Non Discrimination Free Movement of Goods Quantitative Restrictions Night Work Regulation

Case Brief

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Parties

Sergius Oebel

Accused

German Government

Respondent

French Government

Intervener

Commission of the European Communities

Intervener

Procedural Posture

Reference for Preliminary Ruling / Judgment

Legal Issues

  1. 1 Whether national rules prohibiting night-work in bakeries infringe Article 7 EEC (non-discrimination)
  2. 2 Whether such rules constitute measures equivalent to quantitative restrictions under Articles 30 and 34 EEC

Ratio Decidendi

National rules prohibiting night-work and restricting delivery times in bakeries, which apply objectively to all undertakings regardless of nationality and do not distinguish between domestic and export trade, do not infringe Article 7 EEC nor constitute measures equivalent to quantitative restrictions under Articles 30 and 34 EEC.

Court Disposition

preliminary ruling issued

Orders

  • Article 7 EEC prohibits only discrimination based on nationality; no infringement where rules apply objectively.
  • Articles 30 and 34 EEC do not apply to national rules prohibiting night-work and restricting delivery to consumers and retailers during the night.