Free Movement of Goods II- Keck and the Boundaries of Free Movement

Question 1

What are the limits of Article 34 TFEU?

Answer 1

Dassonville had a super broad scope of Article 34 and MEQR

Cassis then came along with the mutual recognition principle and the rule of reason

In Keck the ECJ then came along and tried to narrow the scope by saying that selling arrangements regulate the context of sales, not the goods themselves. As long as they are non-discriminatory, they don’t usually infringe EU law on free movement of goods.

Question 2

What conclusion can we draw from Keck?

Answer 2

National rules on certain selling arrangements benefit from presumption of legality.

Question 3

In order to benefit from the presumption legality, the national rule must satisfy 2 conditions

Answer 3

The provision apply to all affected traders operating in the territory

The provision are non discriminatory.

Question 4

Can you give examples of case law post keck?

Answer 4

Infant milk to be sold in pharmacies

Only sell tobacco by authorized distributors

Question 5

C-412/93 Leclerc-Siplec

Question 6

C-34-6/95 De Augostini

Question 7

C-368/95 Familiapress

Question 8

Can you name judgemetns where the conditions of presumption legality was not fulfilled

Answer 8

C-322/01 Doc-Morris - concerned internet pharmacies – sales of medicinal products by mail order prohibited in Germany. CJEU: “more of an obstacle to pharmacies outside Germany“. Therefore, the Keck condition on non-discrimination was not fulfilled and the German rule was assessed under Article 34 TFEU.

Question 9

Bæta við umræðu um market access