Technical barrier to trade
An obstacle to the free movement of goods and services.
The Treaties and the European Court of Justice follow the principle that there must be freedom to sell goods and services everywhere in the EU. Permitted exemptions are listed in Article 30 TEC of the Treaty of Nice.
The exemptions are justified on grounds of public morality, public policy or public security, the protection of health and life of humans, animals or plants, the protection of national treasures and the protection of industrial and commercial property. Exemptions are always given a narrow interpretation. For example, Denmark has been ordered to abandon its bottle re-use system and to permit cans.
See also Services Directive
