Buying Goods and Trading in the European Union

A fundamental ambition of the Member States of the European Union is the achievement of the 'four freedoms' i.e. the free movement of persons, services, capital and GOODS. Only by ensuring the free movement of goods can a truly operational Single Market be guaranteed. The EC Treaty (Sometimes referred to, not wholly accurately, as the Treaty of Rome) contains sections designed to ensure the removal of duties (tariffs), quotas and other quantitative restrictions on the movement of goods throughout the European Union. The basic principle is that a Member State must not obstruct the importation of goods from other Member States in such a way as to discriminate in favour of domestic goods. In other words, barriers to trade and protectionist policies must be dismantled. That goes for discriminatory internal taxes as well. (Article 90 EC [ex Article 95])

Where a Member State's laws or rules apply equally to domestic goods and foreign goods, they may still obstruct the flow of goods around the European Union in practice and so breach the law on free movement. In the famous Cassis de Dijon case (Case 120/78 Rewe-Zentrale AG v Bundesmonopolverwaltung fŸr Branntwein [1979] ECR 649) German law imposed a minimum alcohol content for a type of liqueur, applicable to German and non-German liqueurs alike. This prevented the importation of a French liqueur, sold lawfully in France, because its alcohol content was too low. The European Court of Justice (ECJ) held that the German law breached European Union law on the free movement of goods.

Member States are entitled to apply discriminatory trade rules on a number of grounds, including public morality, public security, the protection of national treasures, and the protection of commercial property.(Article 30 EC [ex Article 36]) The ECJ has interpreted these concepts very narrowly, so that Member States can not use them as a ‘back-door' means of protectionism. The case law on Article 30 covers such matters as minimum fuel prices, oil imports, muesli bars, chicken diseases and blow-up dolls!

Consumer complaints
Unfortunately, many consumers experience difficulties or obstructions when trying to take advantage of the Single Market. Perhaps the most high-profile complaints are from those trying to import cheaper cars into the United Kingdom from the Continent. Several car manufacturers have been fined huge sums for attempting to prevent this kind of importation. The manufacturers now operate hot-lines for consumers having difficulties when trying to import cars. Clients are invited to contact the AIRE Centre for a list of these telephone numbers.

For those people who have bought goods overseas (often on holiday), but who are not satisfied with what they have bought e.g. because the product was defective, or because it was never supplied, the European Commission has produced a standard complaint form. This can be sent to the other party as a first step towards resolving the dispute, without the inconvenience and expense of legal action. Interested clients can obtain a copy of the complaint form from the AIRE Centre.

Moving around the European Union

Providing services in the European Union

Buying Goods and Trading in the European Union

Living in another European Union country

Getting your qualifications recognised in another European Union country

Rights of non-EU nationals

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