Cassis de Dijon, 1979 (TUTO 2, FMG 1)

5 important questions on Cassis de Dijon, 1979 (TUTO 2, FMG 1)

What is the main principle put forward by the ECJ?

Mutual recognition (14): when goods are lawfully marketed in one MS, they should be admitted into any other MS without restriction

What is the only exception to mutual recognition?

Mandatory requirements: a product lawfully marketed in one MS should be admitted into any other MS without restriction, unless the importing MS can successfully invoke one of the mandatory requirements.

Where are the mandatory requirements listed?

In Paragraph 8 of the Cassis de Dijon judgement.
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Is the list of mandatory requirements exhaustive?

No

What should you assess in the case of a mandatory requirement?

Proportionality test

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