C-145/88, Torfaen [1989]

Key Points to Note in This Case

• Issue: The case addressed whether the EU could prohibit Member States from imposing restrictions on Sunday trading. Many EU countries have some form of restriction on Sunday activities.

• Outcome: The Court held that such restrictions violated Article 34 TFEU. The ban on Sunday trading was considered to limit trade, either directly or indirectly.

• Criticism: Some argue that the Court's decision extended too far, particularly since the restriction did not involve direct discrimination against imports.

• AG van Gerven: Advocate General van Gerven recommended that the Court consider the "entire legal and economic context," challenging the approach in Dassonville, where statistical information was deemed irrelevant.