2.3.2. Co-operation as Limitation on {the Exercise of) Regulatory Power
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It should be noted that a duty of mutual assistance and co-operation as a limitation
on regulatory powers is in fact a familiar and well established feature of Community
law relating to the freedoms. This duty is particularly clear in the Court's case-law
concerning dual administrative checks, such as Biologische ProJucten. In this case
the Q u i r t held that
[wjhilst a Member State is free to require a product of the type in question, which
has already received approval in another Member State, to undergo a fresh procedure
of examination and approval, the authorities of Member States are nevertheless
required to assist in bringing about a relaxation of the controls existing in
intra-Commtmity trade. It follows that they are not entitled unnecessarily to
require technical or chemical analyses or laboratory tests where those analyses and
tests have already been carried out in another Member State and their results are
available to those authorities, or may at their request be placed at their disposal. "
Similar principles have been applied in the context of the free movement of persons
and the recognition of qualifications. In Vlassopoakm, for instance, a Greek lawyer
wished to become established in Germany. Under German law her Greek qualifications
were inadequate.1"' The Court, expressly referring to Article 10 FX], held that the
German authorities were under an obligation t o c o - o p e r a t e with the Greek authorities
in reviewing the adequacy of Vlassopoulou's qualifications."
In these cases the Court seeks to limit any hindrance to interstate trade arising from
the application of Member State measures to a minimum. It combines the principle
of mutual recognition with a positive duty for the Member States actively to seek the
assistance and co-operation of the Member State of origin. Failure to fulfil this obligation
may result in the Court holding the application of a national measure
unnecessary. In other words, the duty of mutual assistance and co-operation in good
faith operates as a limitation on the regulatory powers of the Member States.