What is the Keck principle?

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 did the court decide in Keck?

In that ruling the Court held that French rules prohibiting reselling at loss were not caught by Article 34 TFEU since they related merely to indistinctly applicable ‘selling arrangements’ having no adequate effect on intra-EU trade.

What is the significance of the Keck and Mithouard case?

In the case of Keck and Mithouard, 1993, the French law had prohibited selling goods at a price lower than the actual purchase price. Its purpose was to prevent ‘predatory pricing’, in the interest of free trade within the internal market.

What are selling arrangements Keck?

The ‘selling arrangement’ is a judicial device which removes national law. from the scrutiny of European Community law relating to the free movement. of goods. National provisions affecting the marketing of products may fall for. consideration as ‘selling arrangements’ where the treatment of the domestic.

Can a selling arrangement be an MEQR?

However, a distinctly applicable selling arrangement will always be an MEQR. A selling arrangement could either be static i.e. relating to restrictions on hours, premises or age, or it could be dynamic i.e. relating to the way it’s advertised.

What type of national restrictions does Article 34 cover?

THE TREATY PROVISIONS — 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 was the ECJ’s judgment in the Keck case?

Then, the ECJ’s judgment in Keck will be analysed followed by a discussion on the problems faced by the courts with application of the Keck formulas. The essay will conclude with the discussion of the alternative tests proposed by the Advocates General and the academic writers.

What was the ruling in the Keck and Mithouard case?

Reference for a Preliminary Ruling in the Criminal Proceedings against Bernard Keck and Daniel Mithouard (1993) C-267/91 is an EU law case, concerning the conflict of law between a national legal system and European Union law. The Court found that “selling arrangements” did not constitute a measure having equivalent effect…

How did the Keck case relate to Article 28?

The facts (just as in Torfaen and Cinéthèque) offered a perfect matrix for the Court to draw a precedent distinction between Cassis -type situations and national measures falling outside Article 28. The ECJ started by observing that the French law in question “is not designed to regulate trade in goods between Member States.”

Is the Keck judgment overridden by the market access test?

Furthermore, the discrimination test has been somewhat overridden by the market access test, as evidenced in the more recent case of Ker-Optika. As a result of this, the Court has somewhat diminished the importance of the Keck judgment, giving way to a refined 3-tiers-test.