Case C-470/03 AGM (Lifting Machines) [2007]

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
RELATED CASE  Case 13/83 Parliament v Council (Transport Policy) [1985]

Posted in EU Law Revision Notes.

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