Opinion of Advocate General Van Gerven, Torfaen Borough Council v. B & Q plc., Case C-145/88, CJEU (Sixth Chamber), 29 June 1989

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

Art. 30 EEC Treaty

Art. 36 EEC Treaty

1. The prevention of offence to religious convictions by opening sales outlets on a Sunday does not fall within the concept of “public morality”.

2. Even though in principle it is for each Member State to determine in accordance with its own scale of values and in the form selected by it the requirements of public morality in its territory, the Court must exercise some control over what is regarded by a Member State as falling within the concept of public morality.

3. The idea of “protecting Sunday as a non-trading day” may be understood as a separate mandatory requirement, in order to give citizens on one and the same day the opportunity to devote their time to all kinds of non-working – and inter alia religious – activities and social contacts. In that case, it must still be considered whether the contested rule is necessary for the fulfilment of, and proportionate to, the mandatory requirement relied upon.

4. The “reasonableness” of a measure is relevant for purposes of Community law only in so far as such measure may not be a means of arbitrary discrimination or a disguised restriction.