Izvorni znanstveni članak
MILESTONES ON THE ROAD TO KECK
Sigmar Stadlmeier
Sažetak
The article traces the roots of the ECJ’s famous Dassonville
formula back to similar concepts under competition law and questions
its direct importation into Art 28 EC as done by the Court. From this
starting point, the case law to Keck and beyond is analysed with a
view to track the attempts to limit the scope of Art 28 and the role
of the proportionality principle in this respect. The conclusion is that
Keck did at least constitute the right approach, limiting the scope of
(rather than adding another justifi cation dimension to) Art 28, even
though it still failed to answer the crucial question as to what constitutes
a measure of equivalent effect to quantitative restrictions in a
general manner. The partial success thus achieved has at least enabled
the ECJ to leave the proportionality test of individual measures
of the Member States to the proper venue - the referring courts of the
Member States.
Ključne riječi
Hrčak ID:
28516
URI
Datum izdavanja:
3.11.2006.
Posjeta: 3.717 *