Top Left Background Top Right Background
Bottom Right Background

Case 113/80 Irish Souvenirs [1981]

Case 113/80 Commission v Ireland (Irish Souvenirs) [1981]

Facts

  • Ireland required some foreign products (souvenirs) to be labelled as foreign

Issue

  • Did this constitute a measure having equivalent effect to a quantitative restriction (MEQR) on trade, contrary to Art 34 TFEU? If so, could it be justified?

Decision

  • Was an MEQR, not justifiable

Reasoning

  • As the labelling requirement placed a burden on foreign suppliers (and not domestic suppliers), trade could be restricted
  • Such a requirement (only affecting foreign suppliers) is classed as a discriminatory restriction
  • Discriminatory restrictions can only be justified under Art 36 TFEU, unlike non-discriminatory restrictions, which can be justified either using Art 36 TFEU or CJEU-developed ‘overriding reasons of public interest’ (ORPIs)
  • Neither of Ireland’s submitted justifications (protection of consumers and fairness of political transactions) were listed within Art 36 TFEU, therefore the measure could not be justified, and was annulled
Goto Top
Close Notification

Recent News

Other News