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
