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Case C-352/00 CMA [2002]

Case C-352/00 Commission of the European Communities v Federal Republic of Germany (‘CMA case’)

Facts

  • The German government sought to promote domestic products through the use of a private company

Issue

  • Could this company’s conduct fall within the scope of Art 34 TFEU on the prohibition of restrictions on the free movement of goods between Member States?

Decision

  • Yes

Reasoning

  • As the company was guided by government, it constituted part of the Member State
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