EU Law Cassis Case Note

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Cassis Introduction
Cassis de Dijon, landmark case for FMOG, second major case after Dassonville, were the rules established too broad or fundamental principles?
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Cassis Facts
Rewe importing French alcohols, one called cassis, fruit liquor, Germany said no, legislation said needed to be 25-32%, Cassis generally 15-20%, question whether was MEQR thus prohibited
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Cassis Ruling #1
2 new principles by CJEU, Rule of Reason, measure must be necessary to satisfy mandatory requirements, which set out in non-exhaustive list, Germany tried to justify on pub health, fairness of financial transactions, both rejected by CJEU
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Cassis Ruling #2
Was also disproportionate, all that was needed was proper labelling with ABV%, Mutual recognition, where have been lawful prod and manu in other MS, was okay, presumption
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Cassis Developing Law #1
One of the most significant cases, concerning what is an MEQR/indistinclty applicable measures, gave guidance on things to look for
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Cassis JA #1
Raymond O'Rourke, 'Is the EU biting off more than it can chew?', 2003: "landmark case" "cornerstones of EU food law", two principles still used today, foundational, cleared the law
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Cassis Developing Law #2
Clearened the law after Dassonville, but debatably Cassis principles are still to broad, did actually nothing to narrow dassonville, FMOG debatably easier
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Cassis JA #2
Panos Koutakos, 'On groceries, alcohol and olive oil: more on free movement of goods after Keck', 2002: "scope (post-Cassis) of ART 34, if not unlimited, off ill defined limits"
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Cassis Developing Law #3
Arguably true, cases such as Keck have helped us understand MEQRS more, but doesn't not take away from constitutional significance of it
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Cassis Conclusion
Some doubts over whether it did enough to narrow the scope of Art 34, more sufficient how important it is in ensuring FMOG as a fundamental principle
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Rewe importing French alcohols, one called cassis, fruit liquor, Germany said no, legislation said needed to be 25-32%, Cassis generally 15-20%, question whether was MEQR thus prohibited

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Cassis Ruling #1

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Cassis Ruling #2

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Cassis Developing Law #1

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