Commission v Italy (2009)

Jumat, 17 November 2017

Commission v Italy (2009)

By yourinfo - November 17, 2017 -

Video Commission v Italy (2009)

Facts

Italian law prohibited motorcycles and mopeds from pulling trailers (that is, it regulated the use of a product). It applied without regard to the origin of the trailers, but it only affected imported goods in fact. Italian manufacturers did not make such trailers to be towed by motorcycles. The Commission challenged the Italian law as being contrary to TFEU article 34.

Maps Commission v Italy (2009)

Judgment

Advocate General Bot

AG Bot argued that this should be considered a measure equivalent to a quantitative restriction on trade, that required justification.

Court of Justice

Court of Justice held that a measure hindering market access would be considered a measure equivalent to a quantitative restriction on trade, but that it could be justified on the facts.