Facts
- French producers of fresh fruit, particularly strawberries, objected to Spanish imports of strawberries, claiming that such imports caused economic loss to French farmers
- Following significant collective action by French citizens, preventing the import of Spanish fresh fruit, the Commission took action against France
Issue
- Was France required to act to prevent the blocking of imports?
Decision
- Yes, as far as was proportionate
Reasoning
- France was required to give effect to EU law by virtue of ifs obligation of fidelity under Art 4(3) TEU (as it is now, under the Treaty of Lisbon)
- By omitting to act, this obligation was breached, as the internal market – an area of free movement for, inter alia, goods, could not function effectively
- France would be required to take proportionate steps to assist in preventing the blockades
