What is the Dassonville test?
A. What are “measure having equivalent effect”? ⇒ Dassonville formula: “All trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to be considered as measures having an effect equivalent to quantitative restrictions”
What is the rule in Keck?
The Keck decision states essentially that if provisions regarding selling arrangements “affect in the same manner, in law or in fact, the marketing of domestic products and those of other Member States”21, then these should not be caught by Article 34.
Why is the Dassonville case important?
Procureur du Roi v Benoît and Gustave Dassonville (1974) Case 8/74 is an EU law case of the European Court of Justice, in which a ‘distinctly applicable measure of equivalent effect’ to a quantitative restriction of trade in the European Union was held to exist on a Scotch whisky imported from France.
What did Dassonville do?
In its Dassonville decision, the ECJ held that “[a]ll trading rules enacted by Member States which are capable of hindering directly or indirectly, actually or potentially, intra-Community trade are to be considered as measures having an effect equivalent to quantitative restrictions.”125 Such rules thus potentially …
Does Article 34 have direct effect?
Deutsche Vereinigung des Gas- und Wasserfaches eV (DVGW), Advocate General Trstenjak has broken a lance for horizontal direct effect of article 34 TFEU. Until now, the Court has always denied horizontal direct effect of the free movement of goods provisions, in contrast to the other fundamental freedoms.
What is the difference between a quantitative restriction and an MEQR?
The concept of MEQR is wider in scope than quantitative restrictions. MEQRs can be divided into two different scopes: Distinctly Applicable Measures: Measures which apply exclusively to imports or exports. Indistinctly Applicable Measures: Measures which apply to both imports or exports, AND domestic goods.
What is an indistinctly applicable MEQR?
Distinctly applicable measures are those which do not apply equally to domestic and imported goods whereby, indistinctly applicable measures apply to both domestic and imported goods equally and without distinction.
What is an indistinctly applicable measure?
What is free movement of goods?
The free movement of goods, the first of the four fundamental freedoms of the internal market, is secured through the elimination of customs duties and quantitative restrictions, and the prohibition of measures having an equivalent effect.
What is the cassis rule of reason?
If a measure is a IA, it may be allowed under the “rule of reason” – which has become known as the Cassis 1st principle. The rule of reason recognises that a restriction may be necessary in order to satisfy mandatory requirements relating to: effectiveness of fiscal supervision. public health.
What is the purpose of Article 34?
The Article aims to promote the free movement of goods by prohibiting “measures that prevent or discriminatorily restrict market access”. Therefore, as a simple matter of fact, Article 34 must operate to limit Member States’ competence in regulating their own markets and pursuing their own policies.
What is the Keck exception?
[18] The decision in Keck effectively created an exception for certain selling arrangements that applied equally to all measures in fact and in law. This was not completely unprecedented (drawing from academic commentary[19] and case law[20] for its inspiration) and neither was its aim undesirable.
What is the significance of the Keck and Mithouard case?
C-267 and C-268/91 Keck v Mithouard [1993] ECR I-6097 is a European Union Law case. It is one of the most famous cases concerning Free Movement of Goods as it represents a turning point in goods case law. The case of Dassonville had been widely criticised for being too broad and catching too many trading rules.