Judgment_paragraph 109 · Commission of the European Communities v French Republic (C-1/00)

109Given the lack of harmonisation regarding labelling and traceability, the French Government contends that it was entitled to rely on Article 30 EC in order to prevent the import of products subject to the DBES. Its reaction was consistent with the principle of proportionality because it did not prevent transit of those products through its territory. It submits that the Commission adopts too formalistic a position by requiring notification of a protective measure making express reference to the protective clauses in Directives 89/662 and 90/425. First, negotiations were in progress. Secondly, it is apparent from the account of the facts in the judgment in Case C-477/98 Eurostock [2000] ECR I-10695, at paragraph 24, that the Commission showed more concern for another Member State which had made a notification error. Pleading the circumstances of the case and in particular the fact that it was France that drew the Commission's attention to the problems posed by traceability, the French Government claims that it has complied with its obligation to cooperate in good faith under Article 10 EC.