Commission v Ireland 1982

This case concerned what  the Irish Government’s attempt to get Irish people to purchase domestic products, using the Irish Goods Council. 

It encouraged the use of a Guaranteed Irish symbol, there was also an advertising campaign. The Council consisted of Government appointees, and was financed out of state funds. 

It was a private company and therefore was not affected by Article 28, quantitative restrictions between member states, the Government said [that this only applied] to member states, this is a private company. 

The ECJ said that the Irish Goods Council was clearly carrying out Government policy. The Irish Government also argued that it was not a measure equivalent to a quantitative restriction. 

The ECJ said that it rejected this, the Court said that it was a national practice which was prosecuted/executed with the assistance of the Government. It said that the activities had the potential effect on imports from other states, and that potential effect was comparable to the effect that might result from any binding measure taken by the Government. 

The court mentioned “potential effect”. 

The facts seemed to show that [t]he campaign had little effect. The court also said that it was not relevant that the measures were not binding on companies to put the guaranteed Irish symbol on their goods, the court said t was capable of influencing traders and consumers. Ireland was held to be in breach of the treaty in organising the campaign. Note the emphasis on substance rather than on the form of the measure.