- national laws / related to
selling arrangements/ not normally fall within Dassonville MEQR / not subject to Article 34 TFEU considerations
- Cassis de Dijon relevant to indistinctly applicable laws / relating to requirements of product itself / including: size / weight / packaging / labelling / composition
- Article 34 TFEU: not apply to selling arrangements / if indistinctly applicable / equally affected in law & fact / marketing of domestic & imported products
- beyond scope Article 34 TFEU
- shop opening hours( Punto Casa v Capena) / rules relating to circumstances: when, where, how & by whom (Commission v Greece )
Not selling arrangements
- MEQR / within Article 34 TFEU
- Clinique case: not selling arrangements: characteristics of goods / labelling & packaging
bits of law
- Hünermund: advertising / selling arrangement
- Mars Ice-Cream case: promotional material printed on packaging & relates to characteristics of goods themselves: may be MEQR / media advertising: selling arrangement / not capable of being MEQR
- De Agostini and TV-Shop cases: selling arrangement may discriminate against foreign traders / could be a MEQR / if not affect all traders in the same way (access to market impact foreign trader more) / justify:
necessary to satisfy overriding requirements of general public importance/ or Article 36 TFEU derogations
- Konsumentombudsmannen v Gourmet International: restricting alcohol advertising / consumers drink out of habit / new foreign trader need to advertise to become known & popular / did affect importers more than domestic traders / capable of being MEQR / breached Article 34 TFEU
- Schuzverband: indistinctly applicable & selling arrangement / more restrictive for foreign traders & disproportionate / economic aims cannot justify barrier to free movement of goods
Does Keck apply?
Q1 Does the national law relate to selling arrangements?
- No: Keck not apply / law capable of being MEQR
- Yes: Q2
Q2 Does the law apply equally, in law and in fact, to all affected traders?
- No: Keck not apply / law capable of being MEQR / Member State must justify: under Cassis / Article 36 TFEU derogations
- Yes: Keck applies / law not MEQR / beyond scope Article 34 TFEU
bits of law