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Measures having equivalent effect to a quantitative restriction MEQR

Q: ECJ case 120/78, judgement of 20 Feb 1979, Cassis de Dijon. What was the decision of the ECJ? Meaning of the term 'measure having equivalent effect'?

' Obstacles to movement within the Union resulting from disparities between the national laws relating to the marketing of the products in question must be accepted... If necessary in order to satisfy mandatory requirements relating in particular to the effectiveness of fiscal supervision, the protection of public health, the fairness of commercial transactions and the defense of the consumer.'

Q: ECJ joined cases C-267.91 and C-268/91, Keck and Mithouard. What was the decision of the ECJ? Measure having equivalent effect?

'The application to products from other MS of national provision restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between MS with the meaning of the Dassonville judgement, so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner , in law and in face, the marketing of domestic products and of those from other MS.'

Q: ECJ case C-110/05, judgement of 10 Feb 2009, Commission/Italy . What was the decision of the ECJ? MEQR?

Non-discriminatory obstacle to use of lawfully imported products constitutes MEQR, they are examined more strictly than selling arrangements! Access to a MS' market? In concreto: justified for reasons of road safety.

6 important questions on Measures having equivalent effect to a quantitative restriction MEQR

ECJ case 120/78, judgement of 20 Feb 1979, Cassis de Dijon. What was the decision of the ECJ? Meaning of the term 'measure having equivalent effect'?

"Obstacles to movement within the Union resulting from disparities between the national laws relating to the marketing of the products in question must be accepted... If necessary in order to satisfy mandatory requirements relating in particular to the effectiveness of fiscal supervision, the protection of public health, the fairness of commercial transactions and the defense of the consumer."

ECJ joined cases C-267.91 and C-268/91, Keck and Mithouard. What were the facts of the case? Measure having equivalent effect?

FR: general prohibition of reselling goods at a loss
Two businessmen - Keck and Mithouard - breached this prohibition and were pursued
In their defense, they argued that cheap offers would - in the long run - increase the turnover, and that prohibition violated free movement of goods

ECJ joined cases C-267.91 and C-268/91, Keck and Mithouard. What was the decision of the ECJ? Measure having equivalent effect?

"The application to products from other MS of national provision restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between MS with the meaning of the Dassonville judgement, so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in face, the marketing of domestic products and of those from other MS."

What are the differences between product requirements vs selling arrangements when it comes to deciding MEQR?

Product requirements: rules regarding designation, size, weight, composition, presentation, labelling, packaging -> MEQR

Selling arrangements: rules on when (opening hours), how (advertisement, free offers), where and what somebody may sell for which price -> Principally no MEQR.

Where selling arrangement factually impedes market access -> MEQR.

ECJ case C-110/05, judgement of 10 Feb 2009, Commission/Italy. What were the facts of the case? MEQR?

IT: prohibition for 2- and nearly all 3-wheeled vehicles to tow a trailer; only automobiles, trolleybuses and automobile tractors may tow trailers
Treaty infringement procedure

ECJ case C-110/05, judgement of 10 Feb 2009, Commission/Italy. What was the decision of the ECJ? MEQR?

Non-discriminatory obstacle to use of lawfully imported products constitutes MEQR, they are examined more strictly than selling arrangements! Access to a MS' market?
In concreto: justified for reasons of road safety.

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2. Free movement of goods I

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Measures having equivalent effect to a quantitative restriction MEQR

6 important questions on Measures having equivalent effect to a quantitative restriction MEQR

ECJ case 120/78, judgement of 20 Feb 1979, Cassis de Dijon. What was the decision of the ECJ? Meaning of the term 'measure having equivalent effect'?

ECJ joined cases C-267.91 and C-268/91, Keck and Mithouard. What were the facts of the case? Measure having equivalent effect?

ECJ joined cases C-267.91 and C-268/91, Keck and Mithouard. What was the decision of the ECJ? Measure having equivalent effect?

What are the differences between product requirements vs selling arrangements when it comes to deciding MEQR?

ECJ case C-110/05, judgement of 10 Feb 2009, Commission/Italy. What were the facts of the case? MEQR?

ECJ case C-110/05, judgement of 10 Feb 2009, Commission/Italy. What was the decision of the ECJ? MEQR?

Summaries related to Measures having equivalent effect to a quantitative restriction MEQR

2. Free movement of goods I

Fundamentals of EU law and EU integration

2. Institutions

4. Free movement of persons

6. Free movement of capital and payments

7. Competition law (Part 1)

5. Free movement of services

8. Competition Law II

9. State aid law

10. Public Undertakings

I. Preliminaries begrippen

Case Studies