## Facts

- The European Commission brought an infringement action against Ireland under then Article 169 EEC, alleging a breach of Article 30 EEC (free movement of goods).
- Ireland supported and implemented a large-scale national “Buy Irish” publicity campaign to encourage consumers to purchase domestic products and reduce imports from other Member States.
- The program was defined at governmental level, pursued throughout the national territory, and included advertising and special promotional procedures applicable only to domestic products.
- Although execution involved a separate body and voluntary participation by undertakings, the campaign was organized and coordinated with decisive State involvement.
- The campaign was treated as attributable to the Irish government as a whole.

## Issues

1. Whether a government-attributable national advertising campaign encouraging purchase of domestic goods constitutes a measure having equivalent effect to a quantitative restriction prohibited by Article 30 EEC.
2. Whether potential application of the State-aid provisions (Articles 92–93 EEC) to the campaign’s financing excludes application of Article 30 EEC to the campaign itself.
3. Whether the campaign’s non-binding character (exhortation rather than coercive legal rules) prevents it from being classified as a prohibited measure under Article 30 EEC.

## Decision

- The court held that Ireland failed to fulfill its obligations under Article 30 EEC by carrying out the state-attributable “Buy Irish” campaign.
- The possible applicability of Articles 92–93 EEC to the campaign’s financing did not remove the campaign itself from Article 30 scrutiny.
- A state-defined program intended to check intra-Community trade by encouraging domestic purchases through nationwide advertising and domestic-only promotional procedures constituted a prohibited measure of equivalent effect.
- The campaign could not avoid Article 30’s prohibition solely because it did not impose binding obligations on undertakings.

## Legal Principles

- Article 30 EEC applies to State-organized practices capable of influencing trade, not only to formally binding legal rules.
- A nationwide, government-defined “buy national” promotional campaign aimed at discouraging imports is a measure having equivalent effect to a quantitative restriction.
- Free-movement prohibitions and State-aid rules can apply concurrently to different aspects of the same State conduct; State-aid analysis of financing does not displace Article 30 review of the restrictive practice.
- Non-binding governmental encouragement may fall within Article 30 where it is liable to influence traders’ and consumers’ conduct and thereby hinder trade between Member States.

## Conclusion

The court concluded that Ireland’s government-attributable “Buy Irish” campaign unlawfully interfered with intra-Community trade, confirming that Member States may not use even non-binding, nationwide promotional measures to favor domestic goods at the expense of imports.


Comm’n of the Eur. Cmtys. v. Ireland, Case 249/81, 1982 E.C.R. 4005 (1982)