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Council Regulation (EC) No 2679/98 of 7 December 1998 on the functioning of the internal market in relation to the free movement of goods among the Member States article 1 CELEX: 31998R2679 For the purpose of this Regulation:
1.
the term ‘obstacle’ shall mean an obstacle to the free movement of goods among Member States which is attributable to a Member State, whether it involves action or inaction on its part, which may constitute a breach of Articles 30 to 36 of the Treaty and which: (a)
leads to serious disruption of the free movement of goods by physically or otherwise preventing, delaying or diverting their import into, export from or transport across a Member State,
(b)
causes serious loss to the individuals affected, and
(c)
requires immediate action in order to prevent any continuation, increase or intensification of the disruption or loss in question;
2.
the term ‘inaction’ shall cover the case when the competent authorities of a Member State, in the presence of an obstacle caused by actions taken by private individuals, fail to take all necessary and proportionate measures within their powers with a view to removing the obstacle and ensuring the free movement of goods in their territory. |