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Content Type: Westlaw UK
Title : Procureur du Roi v Dassonville (8/74)
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Number of documents delivered: 1
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Limited
*436 Procureur du Roi v Dassonville
(Case 8/74)
Before the Court of Justice of the European Communities
11 July 1974
[1974] 2 C.M.L.R. 436
( The President, Judge R. Lecourt; Judges A. M. Donner, M. Sørensen, R. Monaco, J. Mertens de
Wilmars, P. Pescatore, H. Kutscher, C. Ó Dálaigh and Lord Mackenzie Stuart.) Sig. Alberto
Trabucchi, Advocate General.
11 July 1974
Reference from the Tribunal de Première Instance, Brussels, under 写留学生论文https://www.51lunwen.org Article 177.
Inter-State trade. Quantitative restrictions. All trading rules enacted by member-States which arecapable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to beconsidered as measures having an effect equivalent to quantitative restrictions. [5]Inter-State trade. Quantitative restrictions. Designation of origin of goods. The requirement by amember-State of a certificate of authenticity which is less easily obtainable by importers of anauthentic product which has been put into free circulation in a regular manner in another
member-State than by importers of the same product coming directly from the country of originconstitutes a measure having an effect equivalent to a quantitative restriction as prohibited by theEEC Treaty. [9]
Restrictive practices. Exclusive dealing agreements. An exclusive dealing agreement falls withinthe prohibition of Article 85 when it impedes, in law or in fact, the importation of the products inquestion from other member-States into the protected territory by persons other than theexclusive importer. [11]
Restrictive practices. Exclusive dealing agreements. An exclusive dealing agreement mayadversely affect trade between member-States and can have the effect of hindering competitionif the concessionaire is able to prevent parallel imports from other member-States into theterritory covered by the concession by means of the combined effects of the agreement and anational law requiring the exclusive use of a certain means of proof of authenticity. [12] *437
Restrictive practices. Exclusive dealing agreements. Designation of origin of goods. The fact thatan agreement merely authorises the concessionaire to exploit a national rule with regard tocertificates of origin of goods or does not prohibit him doing so does not suffice in itself to renderthe agreement void under Article 85 EEC. [15]
The Court interpreted Articles 30–36 and 85 EEC to the effect thatnational laws requiring certificatesof origin for imported goods bearing an authorised designation of origin could be equivalent to
quantitative restrictions on imports if they impeded in practiceindirect imports of the same goods viaanother member-State.
Representation
• Roger Strowel, avocat at the Cour d'Appel, Brussels, for thedefendants.
• Jean Dassesse, avocat at the Cour de Cassation of Belgium, for thecivil parties.
• Peter Langdon Davies, of the English Bar, instructed by the Treasury Solicitor, for the UnitedKingdom Government as amicus curiae.
• René-Christian Béraud and Di本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。