What is the Keck formula?

What is the Keck formula?

The Keck decision states essentially that if provisions regarding selling arrangements “affect in the same manner, in law or in fact, the marketing of domestic products and those of other Member States”21, then these should not be caught by Article 34.

What is the Keck exception?

[18] The decision in Keck effectively created an exception for certain selling arrangements that applied equally to all measures in fact and in law. This was not completely unprecedented (drawing from academic commentary[19] and case law[20] for its inspiration) and neither was its aim undesirable.

What are the Keck conditions?

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 free movement of goods?

The free movement of goods, the first of the four fundamental freedoms of the internal market, is secured through the elimination of customs duties and quantitative restrictions, and the prohibition of measures having an equivalent effect.

What is a measure having equivalent effect to a quantitative restriction?

“ All trading rules enacted by Member States which are capable of hindering directly or indirectly, actually or potentially, intra- Community trade are to be considered as measures having equivalent effect to quantitative restrictions.”

What is the difference between a quantitative restriction and an MEQR?

The concept of MEQR is wider in scope than quantitative restrictions. MEQRs can be divided into two different scopes: Distinctly Applicable Measures: Measures which apply exclusively to imports or exports. Indistinctly Applicable Measures: Measures which apply to both imports or exports, AND domestic goods.

What are the 4 pillars of the EU?

At the heart of the European Union sit four key principles: the free movement of goods, services, capital and labour. The “four freedoms” were enshrined in the 1957 Treaty of Rome and reinforced in the Single European Act in 1986, the 1992 Maastricht treaty and the Lisbon treaty of 2007.