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Case C-531/07: Judgment of the Court (Second Chamber) of 30 April 2009 (reference for a preliminary ruling from the Oberster Gerichtshof (Austria)) — Fachverband der Buch- und Medienwirtschaft v LIBRO Handelsgesellschaft mbH (Free movement of goods — National provisions on the obligation to sell imported books at fixed price — Measure having equivalent effect to a quantitative restriction on imports — Justification)
ECLI:EU:UNKNOWN:62007CA0531
62007CA0531
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4.7.2009
Official Journal of the European Union
C 153/9
(Case C-531/07)(Free movement of goods - National provisions on the obligation to sell imported books at fixed price - Measure having equivalent effect to a quantitative restriction on imports - Justification)
2009/C 153/17
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Fachverband der Buch- und Medienwirtschaft
Defendant: LIBRO Handelsgesellschaft mbH
Re:
Reference for a preliminary ruling — Oberster Gerichtshof (Austria) — Interpretation of Articles 3(1) EC, 10 EC, 28 EC, 30 EC, 81 EC and 151 EC — National legislation requiring importers of German language books to fix a retail sales price which cannot be lower than that fixed for the country of origin
Operative part of the judgment
1.National provisions which prohibit importers of German-language books from fixing a price lower than the retail price fixed or recommended by the publisher in the State of publication constitute a ‘measure having equivalent effect to a quantitative restriction on imports’ within the meaning of Article 28 EC.
2.National provisions which prohibit importers of German-language books from fixing a price lower than the retail price fixed or recommended by the publisher in the State of publication cannot be justified under Articles 30 EC and 151 EC or by overriding requirements in the public interest.
* * *
(1) OJ C 37, 9.2.2008.