Comission of the European Communities V French Republic

1
Comission of the European Communities V French
Republic

• Case C-265/95
• Richard Nabozny

2
Parties

• Commission of the European Communities
• Kingdom of Spain
• United Kingdom of Great Britain and Northern
  Ireland

3
Grounds

• Failure by the French Governemt to prevent the
  obstruction of the free movement of goods by
  French farmers

4
Problems

• Interception of transport lorries and destruction
  of their loads
• Violence against lorry drivers
• Threats against French supermarkets selling
  agricultural products from other Member States

5
Specific Examples Cited

• 1993- Spanish Strawberries
• Belgian Tomatoes
• 1995- Spanish Agricultual Products
• Spanish Fruits and Vegitables
• Italian Fruits and Vegitables

6
French Claim

• Preventitive measures taken
• Surveillance
• Gathering information
• Conducted criminal investigations

7
However,...

• ...unpredictable commando-type operations
  conducted by small, highly mobile groups make it
  extremely difficult for the police to intervene...

8
According to France...

• It is Spains Fault
• The accession of Spain has led to
• Increased imports
• Lowered prices
• There is no way of monitering export prices
  charged by Spain

9
The EC Treaty

• Art. 3(c)- abolition of obsticles
• Art. 7a- area without frontiers
• Art. 30- restrictions prohibited by MS
• Art. 5- must act to preserve freedom

10
Case Law

• Cases 3/76, 4/76 and 6/76
• Case C-288/91 Commission v Italy
• Regulations of common organization of markets and
  fishery products
• Case C-52/95 Commission v France
• Internal difficulties cannot justify failure

11
More Case Law

• Case 288/83 Comission v Ireland
• Economic grounds can never serve as justification
  for barriers prohibited by Art. 30 of EC Treaty
• Case C-5/94 R v MAFF
• MS may not unilaterally adopt protective measures
  or conduct itself in such a way to obviate any
  breachof another MS of rules of Community law

12
Decision

• France indeed failed to fulfill its obligations
  to prevent the free movement of goods into France
  from being obstructed.