The rule of reason is another name for the cassis di dijon mandatory requirements. Judgment of the court of justice, rewezentral, case 12078. The court had developed an innovative way of reconciling national differences and making them compatible with eu law by developing the principle of mutual recognition. Text, cases and materials third edition, oxford university press, london. Reverse discrimination is not prohibited by eu law. Rewezentral ag v bundesmonopolverwaltung fur branntwein. First, the book does not set out to appraise the courts output in a. Consequently, both article 30 and mandatory requirements constitute derogations from the principle of the free movements of goods. It requires member states to mutual recognise their national regulations in cases where there are no generally binding eu regulations. Eu law article 30 and rule of reason the student room. Which of the mandatory requirements might be available. Sep 28, 2016 summary of cassis dijon c12078 on september 28, 2016 september 28, 2016 by officialblogunio in summaries of judgments by jose ricardo sousa, student of the masters degree in eu law of uminho. This is not an example of the work produced by our law essay writing service. Fundamental case law of the court of justice making eu law work for citizens duration.
Eu law concentrate 4e essay question the free movement of goods is an essential element of the internal market and both eu legislation and the decisions of the court of justice support the achievement of this aspect of economic integration. Eu law, or european union law, concerns the law created by the european union. Cassis could not be imported into germany, because its alcoholic content was too low in order to satisfy the requirements of german law. A flawed locus classicus, leading cases of the twentieth century 2000 p. The court held that a regulation applying to both imported and to domestic goods. Oxford university press online resource centre essay question. The notion of mr has travelled beyond disciplines, too, from european law.
However, the eu internal market is imperfect, so far as goods are concerned. Eurlex 61978cj0120 en access to european union law. Recommend this book email your librarian or administrator to recommend adding this book to your organisations collection. Derogation from the free movement of goods in the eu.
Eu law provides a bridge between course textbooks and key. Summary of cassis dijon c12078 on september 28, 2016 september 28, 2016 by officialblogunio in summaries of judgments by jose ricardo sousa, student of the masters degree in eu law of uminho. Judgment of the court of justice, rewezentral, case 12078 20 february 1979 caption. The free movement of goods chapter 17 european union law. A summary and case brief of rewezentral aktiengesellschaft v. Summary of cassis dijon c12078 official blog of unio. The past and future of eu law the classics of eu law revisited on the 50th anniversary of the rome treaty. German law prohibited the marketing of liqueurs with an alcoholic strength of less than 25%. Nicolas bernard, on the art of not mixing ones drinks.
It established that a product in this case, a french blackcurrant liqueur sold lawfully in one member state may not be prohibited in another member state in this case, germany except on public health grounds the socalled mutual recognition principle. Mutual recognition in the single market after the cassis. That law imposed restraints on the import of fruit liqueurs, fixing minimum alcohol content for both domestic and imported products. Measures heaving an effect equivalent to quantitative restrictions. The principle of free trade is one of the main pillars on which the economic integration of the eu rests. An important eu court case providing for mutual recognition of standards in different eu countries. It concluded that legislation of the type in issue was justified on those grounds. Ec court verdict from 1979 stating that, as a rule, products in one eu country are also legal in other eu countries case 12078. Since there is no definition of the aforementioned concept in the treaty, the case law. Keck notes prepared on selling arrangement studocu.
Eu law cassis case note flashcards in university european. This means that goods produced and marketed in one member state may be sold without further restrictions in all other member states. In this case, the court held that this list is not exhaustive. Selling arrangement no meqr keck is the third in row of the three court of justice of the european union decisions, all dealing with the interpretation of article 34 tfeu. This book revisits, in a new light, some of the classic cases which constitute the foundations of the eu legal order and is timed to celebrate. Article 34 tfeu prohibits restrictions on the import of goods from other member states. In order to ensure the market integration which was one the basis of the european union, the differents legislators had. I00321 portuguese 197900327 swedish iv00377 finnish iv00403 spanish 197900351. Relationship between article 36 and cassis rule of reason. Raymond orourke, is the eu biting off more than it can chew. Above all, what is required is a mutual recognition culture so that the eu can better enjoy the fruits of its own regulatory ingenuity.
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