What is the significance of the Keck and Mithouard case?

C-267 and C-268/91 Keck v Mithouard [1993] ECR I-6097 is a European Union Law case. It is one of the most famous cases concerning Free Movement of Goods as it represents a turning point in goods case law. The case of Dassonville had been widely criticised for being too broad and catching too many trading rules.

What is the CJEU Keck test?

He thus proposed a refined Keck-test that would allow Member States to apply national regulatory measures to imported goods as long as they would apply equally in law and in fact to domestic and foreign goods and they would not impose direct or substantial hindrance to market access.

What is the purpose of Articles 34 36 TFEU?

Articles 34-36 of the TFEU are one of the founding pillars for the free movement of goods in the EU single market as they prohibit restrictions on imports and exports and measures having equivalent effect, subject to certain public policy exemptions.

Does Article 34 have direct effect?

Deutsche Vereinigung des Gas- und Wasserfaches eV (DVGW), Advocate General Trstenjak has broken a lance for horizontal direct effect of article 34 TFEU. Until now, the Court has always denied horizontal direct effect of the free movement of goods provisions, in contrast to the other fundamental freedoms.

Is the Keck justified?

The Keck Case Product requirements would always fall within the scope of EU law and have to be justified but CSAs. So long as the CSAs applied equally to all traders in the national territory and had the same effect on all traders in law and in fact, fell outside the scope of the Treaty.

Is Keck still relevant?

As a result of this, the Court has somewhat diminished the importance of the Keck judgment, giving way to a refined 3-tiers-test. Even though the Court does not actively refer to the Keck judgment, it still applies its criteria in recent judgments. Therefore, the Keck-criteria are still relevant.