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 existence of regulatory constraints may constitute an obstacle to the substitution between products. Belonging to a combined nomenclature (CN code) may have an influence on the identification of the product concerned . However, like price or manufacturing conditions, this is a secondary criterion. Even if they fall within the same CN code, advertising matches do not belong to the same category …

Regulatory constraints

The existence of regulatory constraints may constitute an obstacle to the substitution between products. Belonging to a combined nomenclature (CN code) may have an influence on the identification of the product concerned . However, like price or manufacturing conditions, this is a secondary criterion. Even if they fall within the same CN code, advertising matches do not belong to the same category of products as household matches, of which they are distinguished by means of an advertising logo or an advertising message printed on the outside of the cover or box . On the other hand, compact electronic typewriters and professional electronic typewriters, which are not classified under the same NIMEXE code , fall within the same market . 

The difference in quality standards has no influence on the identification of the products concerned where the latter have the same basic physical and technical characteristics and the same uses . Thus, the distinction between handloom fabrics accompanied by a certificate of handloom origin issued by the appropriate authorities and other unbleached cotton fabrics relies more on consumer perception and sale through particular sales channels than on the certificate of origin .

See, for example, Commission Decision No 283/2000 of 4 February 2000, imports of certain flat rolled products of iron or non-alloy steel (Bulgaria, India, South Africa, Taiwan, Yugoslavia, Iran), LawLex200900002909JBJ, considering that the classification of black hot-rolled coils and pickled hot-rolled coils into two distinct CN codes constitutes identification criterion of two distinct categories of product; Council Regulation (EU) No 2496/97 of 11 December 1997, imports of silicon metal (China), LawLex200900002460JBJ, regarding the various kinds of silicon metal according to their level of purity; See also Case C-56/08 Pärlitigu [2009] ECR I-6719, LawLex201100000282JBJ, considering that the decisive criterion for the classification of goods which are not expressly referred to either in the wording of the CN headings or in the section or chapter notes thereto, must be sought in their objective characteristics and properties defined therein.

Commission Regulation (EC) No 1092/97 of 16 June 1997, imports of advertising matches (Japan), LawLex200900002803JBJ.

NIMEXE, or Harmonized nomenclature of goods for the external trade statistics of the Union is a subdivision for statistic purposes of the nomenclature of the European Union Common Customs Tariff (CCT)... The NIMEXE code contains six figures, the first four are identical to the first four figures of the CCT code.

Case 260/85 TEC v Council [1988] ECR 5855, LawLex200900001460JBJ.

Commission Decision No 1802/1999 of 17 August 1999, imports of certain seamless pipes and tubes (Croatia, Ukraine), LawLex200700001666JBJ.

Commission Regulation (EU) No 773/98 of 7 April 1998, imports of certain unbleached cotton fabrics (China, Egypt, India, Indonesia, Pakistan, Turkey), LawLex200900002825JBJ.

European Business Law

393. Regulatory constraints

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

393. Regulatory constraints

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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