European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

The principle of free movement of goods obliges each Member State to accept the products lawfully manufactured and/or marketed in the other Member States and which are not subject to a measure of European harmonization, even if the technical or qualitative requirements differ from those imposed on its own products, where an equivalent level of protection of the various legitimate interests at stak …

Principle

The principle of free movement of goods obliges each Member State to accept the products lawfully manufactured and/or marketed in the other Member States and which are not subject to a measure of European harmonization, even if the technical or qualitative requirements differ from those imposed on its own products, where an equivalent level of protection of the various legitimate interests at stake is ensured. 

The principle of mutual recognition emerged out of the Cassis de Dijon judgment , which resulted in a Commission's interpretative communication . According to the Commission , it is “a powerful factor for economic integration, which respects the principle of subsidiarity”, since free movement can be ensured in non-harmonized sectors or sectors partly harmonized, therefore avoiding the systematic creation of detailed rules at the European level and encouraging the observance of local, regional and national traditions and the maintenance of the diversity of products. The only exceptions to this principle are restrictions that are justified on the grounds described in Article 36 TFEU or on other overriding requirements of public interest, and that are proportionate to the aim pursued. In other words, a Member State cannot ban the marketing of a product on its territory unless it establishes that the measure is necessary on grounds of public security, health or protection of the environment, in accordance with Article 36  or if the national rules in question are necessary, pursue an aim of general interest and are essential to reach that aim. Thus, a Member State may make a product manufactured in another Member State subject to an appropriate control where those controls are applied in a non-discriminatory manner, they observe the principle of proportionality and that account is taken of the controls already carried out in the Member State of origin . Likewise, a national regulation may make the placement on the market of a product having already been authorized in another Member State subject to prior authorization, provided that technical or chemical analyzes or laboratory tests have not been demanded unnecessarily .

Case 120/78 Rewe v Bundesmonopolverwaltung für Branntwein [1979] ECR 649, LawLex200500005788JBJ: national legislation fixing the minimum alcohol content of alcoholic beverages intended for human consumption.

Communication from the Commission concerning the consequences of the judgment given by the Court of Justice on 20 February 1979 in Case 120/78 ('Cassis de Dijon').

Communication from the Commission 'Mutual recognition in the context of the follow-up of the action plan for the single market' COM(1999) 299 final of 16 June 1999.

Guide to the application of Treaty provisions governing free movement of goods (Art. 34-36 TFEU), 2nd ed., pt 3.2.

Case C-105/94 Celestini v Saar-Sektkellerei Faber [1997] ECR I-2971, LawLex200900000332JBJ.

Case C-400/96 Criminal proceedings against Harpegnies [1998] ECR I-5121, LawLex200900000683JBJ.

European Business Law

26. Principle

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

26. Principle

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise