A member state wishing to introduce a ‘special measure’ must notify the Commission – failure so to notify may make it invalid (Direct Cosmetics Ltd v C & E Commrs (Case 5/84) (1985) 2 BVC 200,069). The Council is taken to have approved the measure if, within two months of other member states being informed, none of them has raised the matter in Council. ‘Special measures’ in force on 1 January 1977 can be retained by member states if notified to the Commission before 1 January 1978.

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