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CASE LAW DEVELOPMENT FOLLOWING THE KECK CASE IN THE AREA OF FREE MOVEMENT OF GOODS
Ana Pošćić
; Pravni fakultet Sveučilišta u Rijeci
Ivana Majkić
Sažetak
Articles 34 and 35 of the TFEU prohibit import and export restrictions between all Member States. Member States are not allowed to favour or in any other way put its domestic products at an advantage against imported products. However, if there is a threat to publich interest, such as (for example) public health or the environment, Member States may restrict the free movement of goods. Any national measure imposed must be shown to be both necessary and proportional.
The article gives special emphasis to the Keck case which divided regulations into two parts: selling arrangements and product-bound measures. ECJ held that non-discriminatory national measures restricting or prohibiting selling arrangements were permissible and that they fell outside the scope of the Article 34 TFEU.
Selling arrangements are basically restrictions on when goods may be sold, restrictions on where or by whom goods may be sold, advertising restrictions and price controls.
This case was the subject of numerous critiques. Keck was followed by numerous cases which partly clarified the ambiguities. So far, it worked as a general principle. Certain questions remain although progress is shown towards a more realistic approach regarding measures having equivalent effect to a quantitative restriction.
Ključne riječi
European law; free movement of goods; measures having equivalent effect; “Keck” case
Hrčak ID:
134216
URI
Datum izdavanja:
30.12.2014.
Posjeta: 3.746 *