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Conegate ltd v customs and excise commissioners (1986)
Created by Chief Lawiki on 21 October 2009, at 16:19



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[1986] ECR1007. A number of life-size inflatable dolls were seized and confiscated on import into the UK from Germany. The importer argued that any law prohibiting the importation of such products was an infringement of Art. 28 of the ECTreaty, which prohibits restrictions on importation. The UK argued that national law fell within the scope of the 'public morality' exception in Art. 30, and Art. 28 did not apply.

The ECJ held that, in principle, it was for the member states of the Ec to determine what laws should be enacted to protect public morality within its jurisdiction. Nevertheless, as an exception to a vital principle of EC law --free movement of goods -- Art. 30 had to be interpreted restrictively. In particular, the member state would have to show that the national measure really did have the effect of protecting public morality. The UK was unable to satisfy this requirement, because similar products were already lawfully sold within its territory. Consequently, the restriction on importation could not be justified under Art. 30.
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