Criminal proceedings against Francine Gillon, nee Decoster. (Competition) [1993] EUECJ C-69/91 (27 October 1993)

Criminal proceedings against Francine Gillon, nee Decoster. (Competition) [1993] EUECJ C-69/91 (27 October 1993)

Articles 3(f), 86 and 90 of the Treaty and Article 6 of Directive 88/301/EEC preclude national rules requiring economic operators to obtain type-approval from a non-independent body, especially where that body also operates and markets terminal equipment, as this undermines competition and violates EU law.

Citation
[1993] EUECJ C-69/91
Parties
Defendant: Mrs Gillon, née Decoster; Respondent: French Government
Jurisdiction
European Union
Judgment Date
27 October 1993
Procedural Posture
Criminal Proceedings / Preliminary Ruling
Outcome
Preliminary ruling granted; national rules precluded by EU law.
Legal Topics
Direct Effect of Directives, Independence of Regulatory Bodies, Technical Standards, Type Approval Procedures, Anti Competitive Practices
European Union Law Competition Law Telecommunications Law Direct Effect of Directives Independence of Regulatory Bodies Technical Standards Type Approval Procedures Anti Competitive Practices

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Parties

Mrs Gillon, née Decoster

Defendant

French Government

Respondent

Procedural Posture

Criminal Proceedings / Preliminary Ruling

Legal Issues

  1. 1 Whether Directive 88/301/EEC Article 6 precludes national rules requiring type-approval by a non-independent body
  2. 2 Whether combined functions of marketing and approval create conflict of interest
  3. 3 Direct effect of Directives 83/189/EEC and 88/301/EEC

Ratio Decidendi

Articles 3(f), 86 and 90 of the Treaty and Article 6 of Directive 88/301/EEC preclude national rules requiring economic operators to obtain type-approval from a non-independent body, especially where that body also operates and markets terminal equipment, as this undermines competition and violates EU law.

Court Disposition

Preliminary ruling granted; national rules precluded by EU law.

Orders

  • Articles 3(f), 86 and 90 of the Treaty and Article 6 of Directive 88/301/EEC preclude national rules requiring type-approval from a non-independent body.
  • Decision on costs is a matter for the national court.