Torfaen Borough Council v. B&Q Plc (Formerly B&Q (Retail) Ltd.) (Case 145/88)

Torfaen Borough Council v. B&Q Plc (Formerly B&Q (Retail) Ltd.) (Case 145/88) Before the Court of Justice of the European Communities (6th Chamber) ECJ (6th Chamber) (Presiding, Kakouris P.C.; Schockweiler, Koopmans, Mancini and DÍez de Velasco JJ.) M. Walter Van Gerven, Advocate General. 23 November 1989 Reference from the United Kingdom by the Cymbran Magistrates' Court, under Article 177 EEC. Regulation of trade. Shop closing hours. Imports. Where national law regulating the closing time of shops has a restrictive effect on the sale of goods imported from other member-States, it will be compatible with Article 30 EEC only if (a) the aim of the law is justified with regard to Community law and (b) the obstacle to Community trade is necessary to attain that aim. National rules governing the opening hours of retail premises are justified with regard to Community law. The question whether the effects of such rules exceed what is necessary to achieve the aims of the national law is a matter for the national courts. [12], [14] & [16] Cinetheque SA v. Federation Nationale des Cinemas Francais (60- 61/84): [1985] E.C.R. 2618, [1986] 1 C.M.L.R. 365, applied;Oebel (155/80): [1981] E.C.R. 1993, [1983] 1 C.M.L.R. 390, extended . The Court interpreted Article 30 EEC in the context of the prosecution of a retail chain for opening for prohibited sales on Sundays contrary to the Shops Act 1950, to the effect that the British rules on Sunday closing hours were in principle compatible with Article 30 so long as their restrictive effects on Community imports did not exceed what was intrinsic to such rules, but that it was for the national courts to determine whether their effects were indeed within measure. Representation *338 D. Robinson, solicitor, for the plaintiff Council. David Vaughan Q.C. and Gerald Barling, both of the English Bar, instructed by A.

Torfaen Borough Council v. B&Q Plc (Formerly B&Q (Retail) Ltd.) (Case 145/88)

Others