What is Article 34 of the TFEU?
— Article 34 TFEU, which relates to intra-EU imports and prohibits ‘quantitative restrictions and all measures having equivalent effect’ between Member States; it reads ‘Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’.
What is the Keck test EU law?
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.
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.
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 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 happens if Article 34 TFEU is breached?
[24] If the decision on whether the measures breach the TFEU is referred to the ECJ, the UK court has a duty to grant interim relief and suspend the measures pending a ruling to safeguard potential EU rights of individuals.
Why is the Keck case significant?
This issue was later raised in the joined cases of ECJ, Keck and Mithouard, 1993, the significance of which being undoubtedly great on the development of the European common market. In the case of Keck and Mithouard, 1993, the French law had prohibited selling goods at a price lower than the actual purchase price.
What is the purpose of Articles 34 36 TFEU?
Articles 34-36 of the TFEU are one of the founding pillars for the free movement of goods in the EU single market as they prohibit restrictions on imports and exports and measures having equivalent effect, subject to certain public policy exemptions.
Under which conditions does a certain selling arrangement fall outside the scope of Article 34 TFEU according to the Keck Judgement?
Importantly, the field of application of Article 34 of the TFEU is limited by the ‘Keck’ judgment, which states that certain selling arrangements fall outside the scope of that article, provided that they are non-discriminatory (i.e. they apply to all relevant traders operating within the national territory, and affect …
What did Keck do?
Keck and Mithouard were charged with having sold Picon liqueur and Sati Rouge coffee below the purchase price. They argued that the law would discourage imports because importers are often new entrants to the market, and while trying to acquire market share and brand recognition they may wish to cut prices.
Does Article 34 TFEU 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.
