Du Pont de Nemours Italiana SpA v Unità sanitaria locale Nº 2 di Carrara.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Díez de Velasco
• ECLI: ECLI:EU:C:1990:121
• Docket Number: C-21/88
• Date: 20 March 1990
• Procedure Type: Reference for a preliminary ruling

Judgment of the Court of 20 March 1990. - Du Pont de Nemours Italiana SpA v Unità sanitaria locale Nº 2 di Carrara. - Reference for a preliminary ruling: Tribunale amministrativo regionale della Toscana - Italia. - Public supply contracts - Reservation of 30 % of such contracts to undertakings located in a particular region. - Case C-21/88.

European Court reports 1990 Page I-00889
Swedish special edition Page 00359
Finnish special edition Page 00377

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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1.Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Reservation of a proportion of a public supply contract to undertakings located in a particular region of the national territory - Not permissible - Measure benefiting only part of domestic production - No effect

( EEC Treaty, Art . 30 )

2.Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Measure which might be regarded as aid within the meaning of Article 92 of the Treaty - Applicability of the prohibition of measures having equivalent effect not precluded by that possibility

( EEC Treaty, Arts 30 and 92 )

Summary

1.Article 30 of the Treaty precludes national rules which reserve to undertakings established in particular regions of the national territory a proportion of public supply contracts .

Although the restrictive effects of a preferential system of that kind are borne in the same measure both by products manufactured by undertakings from the Member State in question which are not situated in the relevant region and by products manufactured by undertakings established in the other Member States, the fact remains that all the products benefiting by the preferential system are domestic products . Moreover, the fact that the restrictive effect exercised by a State measure on imports does not benefit all domestic products but only some cannot exempt the measure in question from the prohibition set out in Article 30 .

2.The Treaty provisions on aid may in no case be used to frustrate the Treaty rules on the free movement of goods . They both pursue a common purpose, namely to ensure the free movement of goods between Member States under normal conditions of competition . The fact that a national measure might be regarded as aid within the meaning of Article 92 is therefore not a sufficient reason to exempt it from the prohibition contained in Article 30 .

Parties

In Case C-21/88

REFERENCE to the Court under Article 177 of the EEC Treaty by the tribunale amministrativo regionale della Toscana ( Regional Administrative Tribunal for Tuscany ) for a preliminary ruling in the proceedings pending before that court between

Du Pont de Nemours Italiana SpA

and

Unità sanitaria locale No 2 di Carrara ( Local Health Authority No 2, Carrara )

on the interpretation of Articles 30, 92 and 93 of the EEC Treaty,

THE COURT

composed of : O . Due, President, C . N . Kakouris, F . A . Schockweiler and M . Zuleeg ( Presidents of Chambers ), T . Koopmans, G . F . Mancini, R . Joliet, J . C . Moitinho de Almeida, G . C . Rodríguez Iglesias, F . Grévisse and M . Diez de Velasco, Judges,

Advocate General : C . O . Lenz

Registrar : B . Pastor, Administrator

after considering the written observations submitted on behalf of

the plaintiff in the main proceedings, supported by Du Pont de Nemours Deutschland GmbH, by Gian Paolo Zanchini and Mario Siragusa, of the Rome Bar, and by Giuseppe Scassellati Sforzolini, of the Bologna Bar,

3M Italia SpA, intervening in the main proceedings, by Enrico Raffaelli, Cosimo Rucellai and Carlo Lessona, of the...