![]() True that it is for a Member State which invokes an imperative requirement as justification for the hindrance to free movement However, that prohibition must be regarded as justified by reasons relating to the protection of road safety. In the market at issue for such trailers. Such a prohibition certainly constitutes a measure having equivalent effect to quantitative restrictions on imports prohibitedīy that article to the extent that its effect is to hinder access to the market at issue for trailers specifically designedįor motorcycles inasmuch as it has a considerable influence on the behaviour of consumers and prevents a demand from existing A Member State which, for reasons of road safety, prohibits mopeds, motorcycles, motor tricycles and quadricycles from towingĪ trailer specially designed for them and lawfully produced and marketed in other Member States has not failed to fulfil its Any other measure which hinders access of products originating in other Member States to the market of a Member StateĢ. Manufactured and marketed, rules that lay down requirements to be met by such goods even if those rules apply to all productsĪlike. Movement of goods which are the consequence of applying, to goods coming from other Member States where they are lawfully ![]() Within the meaning of Article 28 EC, as are, in the absence of harmonisation of national legislation, obstacles to the free Member States less favourably are to be regarded as measures having equivalent effect to quantitative restrictions on imports Measures adopted by a Member State the object or effect of which is to treat products coming from other Lawfully manufactured and marketed in other Member States, as well as the principle of ensuring free access of Community products Article 28 EC reflects the obligation to respect the principles of non-discrimination and of mutual recognition of products Free movement of goods – Quantitative restrictions – Measures having equivalent effectġ. Free movement of goods – Quantitative restrictions – Measures having equivalent effect – MeaningĢ. – Road safety – Market access – Obstacle – Proportionality)ġ. (Failure of a Member State to fulfil obligations – Article 28 EC – Concept of ‘measures having equivalent effect to quantitative restrictions on imports’ – Prohibition on mopeds, motorcycles, motor tricycles and quadricycles towing a trailer in the territory of a Member State Judgment of the Court (Grand Chamber) of 10 February 2009.Ĭommission of the European Communities v Italian Republic.įailure of a Member State to fulfil obligations - Article 28 EC - Concept of ‘measures having equivalent effect to quantitative restrictions on imports’ - Prohibition on mopeds, motorcycles, motor tricycles and quadricycles towing a trailer in the territory of a Member State - Road safety - Market access - Obstacle - Proportionality. Judgment of the Court (Grand Chamber) of 10 February 2009.#Commission of the European Communities v Italian Republic.#Failure of a Member State to fulfil obligations - Article 28 EC - Concept of ‘measures having equivalent effect to quantitative restrictions on imports’ - Prohibition on mopeds, motorcycles, motor tricycles and quadricycles towing a trailer in the territory of a Member State - Road safety - Market access - Obstacle - Proportionality.#Case C-110/05.
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