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Case 7/68 Commission v Italy (Art Treasures) [1968]

Facts

  • Italy imposed several restrictions on the export of national art treasures, including the requirement of a licence and a progressive tax

Issue

  • Could the export tax (and other restrictions) be validly imposed under Italian law?

Decision

  • No, Italian law invalid

Reasoning

  • Under what is now Art 28 TFEU, all EU Member States shall be prohibited from charging any customs duties (to imports or exports) to goods travelling between Member States. A common customs tariff will apply to goods travelling into or out of the EU
  • As Art treasures could be classed as goods as items valuable in money, the tax must be invalid
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