| Commission v Ireland | |
|---|---|
 | |
| Court | European Court of Justice |
| Citation(s) | (1982) Case 249/81 |
| Keywords | |
| Free movement of goods | |
Commission v Ireland (1982) Case 249/81 is an EU law case, concerning the free movement of goods in the European Union.
| Commission v Ireland | |
|---|---|
| | |
| Court | European Court of Justice |
| Citation(s) | (1982) Case 249/81 |
| Keywords | |
| Free movement of goods | |
Commission v Ireland (1982) Case 249/81 is an EU law case, concerning the free movement of goods in the European Union.
The Irish Goods Council, a registered company, administered a ‘Buy Irish’ campaign. The outline of the campaign was set by government. The managing committee of the IGC had ten people appointed by the Minister for Industry. Funding came mostly from government. Trade had actually fallen by 6 per cent over the three years of the campaign. The Commission brought an action alleging that Ireland was in breach of (what is now) TFEU article 34, by restricting free movement of goods.
The Court of Justice held that the ‘Buy Irish’ campaign of the government was contrary to TFEU article 34.
25 ... regardless of their efficacy, those two activities form part of a government programme which is designed to achieve the substitution of domestic products for imported products and is liable to affect the volume of trade between member states.
[...]
27 In the circumstances the two activities in question amount to the establishment of a national practice, introduced by the Irish government and prosecuted with its assistance, the potential effect of which on imports from other member states is comparable to that resulting from government measures of a binding nature.
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".
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The European single market, also known as the European internal market or the European common market, is the single market comprising mainly the 27 member states of the European Union (EU). With certain exceptions, it also comprises Iceland, Liechtenstein, and Norway and Switzerland. The single market seeks to guarantee the free movement of goods, capital, services, and people, known collectively as the "four freedoms". This is achieved through common rules and standards that all participating states are legally committed to follow.
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Article 101 of the Treaty on the Functioning of the European Union prohibits cartels and other agreements that could disrupt free competition in the European Economic Area's internal market.
Article 102 of the Treaty on the Functioning of the European Union (TFEU) is aimed at preventing businesses in an industry from abusing their positions by colluding to fix prices or taking action to prevent new businesses from gaining a foothold in the industry. Its core role is the regulation of monopolies, which restrict competition in private industry and produce worse outcomes for consumers and society. It is the second key provision, after Article 101, in European Union (EU) competition law.
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