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Understanding EU Law: Trading Arrangements & Cross-border Restrictions

Explore post-Cassis case law trends from Oebel, Blesgen, and Quietlynn, analyzing impacts on technical standards and marketing practices. Assess discrimination influence from De Agostini and Karner cases, alongside regulation on exports and treaty derogations. Learn the ECJ's evolving stance on free movement of goods within member states.

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Understanding EU Law: Trading Arrangements & Cross-border Restrictions

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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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