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Post-Cassis Case-Law

Post-Cassis Case-Law. Oebel Case 155/80 [1981] Blesgen Case 75/81 [1982] Oesthoek Case 286/81 [1982] Quietlynn C-23/89 [1990] Cf Buet Case 382/87 [1989]. The Sunday trading saga. Torfaen v B&Q Case 145/88 [1989] Stoke on Trent & Norwich City v B&Q C-169/91. Phase III.

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Post-Cassis Case-Law

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  1. Post-Cassis Case-Law Oebel Case 155/80 [1981] Blesgen Case 75/81 [1982] Oesthoek Case 286/81 [1982] Quietlynn C-23/89 [1990] Cf Buet Case 382/87 [1989] R.Greaves

  2. The Sunday trading saga • Torfaen v B&Q Case 145/88 [1989] • Stoke on Trent & Norwich City v B&Q C-169/91 R.Greaves

  3. Phase III • ECJ retreats from lawfully marketed approach • Keck & Mithouard Cases 367-68/91 [1993] R.Greaves

  4. Cont’d “…the application to products from other member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder, directly or indirectly, actually or potentially, trade between member States within the meaning of the Dassonville judgment provided that those provisions apply to all affected traders operating within the national territory and provided that they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States. R.Greaves

  5. Examples • Packaging & labelling • Advertising • Licensing • Sales methods • Working hours R.Greaves

  6. Is discrimination relevant? • De Agostini & TV-shop Joined cases C-34-36/95 [1997] • Heimdienst C-254/98 [2000] • Gourmet C-405/98 [2001] • Karner C-71/02 [2004] R.Greaves

  7. Technical standards • Directive 98/34 • CIA C-194/94 [1996] • Unilever C-443/98 [2000] R.Greaves

  8. QRs on Exports • Art 29 EC Treaty • Case-law R.Greaves

  9. Tomorrow Expressed Treaty Derogations to the free Movement of Goods Rules ie Article 30 EC Treaty, particularly in the context of intellectual property rights R.Greaves

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