Case C-470/03 AGM v Suomen valtio and Tarmo Lehtinen (‘Lifting Machines’) [2007]-
Facts
- A Finnish minister stated (invalidly) that AGM’s lifting machines did not satisfy EU safety standards
Issue
- Could a statement made by a public official constitute a breach of Art 34 TFEU, affecting the free movement of goods between EU Member States?
Decision
- Yes
Reasoning
- The statement could be attributed to the state of Finland, given the impression that the statement was intended to make in its circumstances
- It is possible that such a statement could breach Art 34 TFEU, if it could affect trade between EU Member States
