Case 113/80 Irish Souvenirs 
Case 113/80 Commission v Ireland (Irish Souvenirs) 
- Ireland required some foreign products (souvenirs) to be labelled as foreign
- 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?
- Was an MEQR, not justifiable
- 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
Posted in EU Law Revision Notes.
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