The failure of a member-state to protect and uphold the free movement of goods is a violation of its obligations under the Treaty of Rome, the European Court of Justice has ruled.
The EU's court in Luxembourg yesterday found against the French government in a case brought by the Commission to uphold the rights of Spanish fruit producers, particularly strawberry growers, to move and sell their products in France.
A Commission spokeswoman, Ms Betty Olivi, welcomed the decision as a landmark vindication of the Commission's contention that it has the right to demand action of member-states when the flow of goods is being disrupted.
The case, taken by the Commission in 1995, highlights the need, she said, for new proposals put by the Commission to ministers to speed up access to justice.
Crucially, the court found that member-states were required not only to refrain from blocking the movement of goods but "to take all necessary and appropriate measures to prevent that trade from being obstructed on their territory by private individuals".
The Spanish producers had for 10 years faced violent pickets, intimidation of drivers and retailers, and the destruction of loads and of shop displays. The court also found that despite pre-knowledge of likely acts of destruction or violence, the police were either not present or did not intervene.
Despite a systematic campaign of vandalism in 1993, the court notes that only one prosecution was taken although the demonstrators were clearly identifiable or known to the authorities.
The French government "has manifestly and persistently abstained from adopting appropriate and adequate measures", the court found.
