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Torfaen Borough Council v. B & Q plc., Case C-145/88, CJEU (Sixth Chamber), 23 November 1989

Abstract

Free movement of goods. National rules prohibiting Sunday trading. Religiously-influenced Member State derogations from Single Market rules.

Normative references

Art. 30 EEC Treaty

Art. 36 EEC Treaty

Ruling

National rules governing the opening hours of retail premises reflect certain political and economic choices in so far as their purpose is to ensure that working and non-working hours are so arranged as to accord with national or regional socio-cultural characteristics, and that is a matter for the Member States.

(In the present case, domestic provisions which prohibited retailers from opening their premises on Sunday had the effect to reduce the sales of goods in those premises, including goods imported from other Member States. According to the Court, the prohibition of quantitative restrictions on imports under Article 30 of the EEC Treaty does not apply to the national rules at stake where the restrictive effects on Community trade which may result therefrom do not exceed the effects intrinsic to rules of that kind).