Criminal proceedings against F. Levy. [1989] EUECJ R-212/88 (26 October 1989)

Criminal proceedings against F. Levy. [1989] EUECJ R-212/88 (26 October 1989)

National rules requiring import licences for goods from non-member countries in free circulation in another Member State constitute prohibited quantitative restrictions under Article 30, unless the Member State is specifically authorized by the Commission under Article 115. Without such authorization, Member States may only require importers to declare what they know or may reasonably be expected to know about the origin, and may impose criminal penalties for omissions or inaccuracies, but not for false declarations made with intent to effect prohibited imports. Where authorization exists, stricter penalties and requirements are permissible within its limits.

Citation
[1989] EUECJ R-212/88
Parties
Accused: Mr Levy; Accused: Mr Bazini; Intervener: French Government; Intervener: Commission of the European Communities
Jurisdiction
European Union
Judgment Date
26 October 1989
Procedural Posture
Preliminary Ruling / Reference From National Court
Outcome
preliminary ruling issued
Legal Topics
Quantitative Restrictions, Free Movement of Goods, Import Licences, Criminal Penalties, Origin Declarations
European Union Law Customs Law Criminal Law Quantitative Restrictions Free Movement of Goods Import Licences Criminal Penalties Origin Declarations

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Parties

Mr Levy

Accused

Mr Bazini

Accused

French Government

Intervener

Commission of the European Communities

Intervener

Procedural Posture

Preliminary Ruling / Reference From National Court

Legal Issues

  1. 1 Whether national rules requiring import licences and origin declarations for goods from non-member countries in free circulation in another Member State constitute quantitative restrictions prohibited by Article 30 of the EEC Treaty

Ratio Decidendi

National rules requiring import licences for goods from non-member countries in free circulation in another Member State constitute prohibited quantitative restrictions under Article 30, unless the Member State is specifically authorized by the Commission under Article 115. Without such authorization, Member States may only require importers to declare what they know or may reasonably be expected to know about the origin, and may impose criminal penalties for omissions or inaccuracies, but not for false declarations made with intent to effect prohibited imports. Where authorization exists, stricter penalties and requirements are permissible within its limits.

Court Disposition

preliminary ruling issued

Orders

  • National rules requiring import licences for goods from non-member countries in free circulation in another Member State are prohibited quantitative restrictions under Article 30, unless authorized under Article 115.
  • Without authorization, Member States may only require origin declarations to the extent known or reasonably expected, and may impose criminal penalties for omissions or inaccuracies, but not for false declarations made with intent to effect prohibited imports.