Goods: Selling Arrangements

[Flash Card 1 of 2]

Keck

• 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

Selling arrangements

• 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

Goods: Selling Arrangements

[Flash Card 2 of 2]

Advertising

• 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