1 / 9

The Evolution of EU Law on Free Movement of Goods: Key Case Analyses

This document reviews landmark EU case law on the free movement of goods, including the Post-Cassis doctrine and significant cases such as Oebel (155/80), Blesgen (75/81), and Oesthoek (286/81). It examines how the EU Court of Justice (ECJ) addressed trade restrictions and the alignment of national provisions with EU rules. The implications of cases like Keck and Mithouard as well as the Sunday trading saga highlight the balance between national regulations and free market principles. Key themes include packaging, advertising, licensing, and the relevance of discrimination.

talasi
Télécharger la présentation

The Evolution of EU Law on Free Movement of Goods: Key Case Analyses

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Post-Cassis Case-Law Oebel Case 155/80 [1981] Blesgen Case 75/81 [1982] Oesthoek Case 286/81 [1982] Quietlynn C-23/89 [1990] Cf Buet Case 382/87 [1989] R.Greaves

  2. The Sunday trading saga • Torfaen v B&Q Case 145/88 [1989] • Stoke on Trent & Norwich City v B&Q C-169/91 R.Greaves

  3. Phase III • ECJ retreats from lawfully marketed approach • Keck & Mithouard Cases 367-68/91 [1993] R.Greaves

  4. Cont’d “…the application to products from other member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder, directly or indirectly, actually or potentially, trade between member States within the meaning of the Dassonville judgment provided that those provisions apply to all affected traders operating within the national territory and provided that they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States. R.Greaves

  5. Examples • Packaging & labelling • Advertising • Licensing • Sales methods • Working hours R.Greaves

  6. Is discrimination relevant? • De Agostini & TV-shop Joined cases C-34-36/95 [1997] • Heimdienst C-254/98 [2000] • Gourmet C-405/98 [2001] • Karner C-71/02 [2004] R.Greaves

  7. Technical standards • Directive 98/34 • CIA C-194/94 [1996] • Unilever C-443/98 [2000] R.Greaves

  8. QRs on Exports • Art 29 EC Treaty • Case-law R.Greaves

  9. Tomorrow Expressed Treaty Derogations to the free Movement of Goods Rules ie Article 30 EC Treaty, particularly in the context of intellectual property rights R.Greaves

More Related