I have written to the Budgerigar Society because it has come to my notice that the Budgerigar Societies Campaign to “Buy British Budgerigars” may be in breach of the European Treaty Article 28. Therefore, I would respectfully suggest that it would be advisable to seek legal advice in this matter, as the Budgerigar Society may be vulnerable to adverse litigation.

 The precedence or authority is Commission v Ireland C-249/81. The proposal was to set up an organization to run a campaign to advertise and promote the purchase of Irish products. The question for the European Court of Justice (ECJ) was whether this campaign constituted a measure having equivalent effect to a quota under the Abolition of Quantities Restrictions, and consequently was held in breach of Article 28.

 The campaign was aimed at increasing the consumption of domestic products, and not restricting imports. Since, it was reasoned, there was only a market of a particular size for a particular product. Therefore, encouraging consumption of domestic products would have the practical effect of restricting importation. The fact that the campaign was not implemented by any legally binding measures, or conducted directly by the state, was relevant only to the campaign's form, not to its substance.

Ray Fox