C-249/81, Commission v Ireland (Buy Irish)

1. Facts

• Issue: Ireland launched an advertising campaign encouraging the public to buy domestic goods rather than imported products.

• Defence: Ireland argued that the campaign did not violate Article 34 TFEU because imports had actually increased since the campaign began.

2. Outcome

• Decision: The Court held that the campaign still violated Article 34 TFEU.

• Rationale: It was determined that imports might have increased even more in the absence of the campaign, and the potential for restriction was sufficient for a breach.

3. Impact and Analysis

• Evaluation Criteria: It is inappropriate to rely on economic or statistical analysis of the national measure's impact.

• Focus: The key consideration is whether the measure has the potential to restrict imports, rather than its actual effect on trade.