'Criminal proceedings against Keck and Mithouard' - concerned with FMOG, selling arrangements under Art 34, are rules too rigid?
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Keck Facts
The pair prosecuted for infringing French legislation - couldn't resell unaltered products at a loss, question to CJEU of whether this was MEQR under Dassonville, and prohibited by ART 34
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Keck Ruling #1
CJEU - measure prohibiting resale at loss was 'non-discrim selling arrangement', were not MEQRs and not prohibited
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Keck Ruling #2
Court distinguished product requirements in Cassis to selling arrangements (explain what they are), prod requirements prohibited, sell arrangements not, as long as applied equally and had equal affect on dom/non-dom products
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Keck Developing the Law
Debate over whether all selling arrangements were non-discrim, and so whether they should all be okay under ART 34,
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Keck JA #1
Rhodri Thompson, 'Life after Keck: Article 30 and the Leclerc-Siplec Case', 1991: Highlights issues of total prohibition of motor cars, non-dom producers dissuaded, doesn't affect Dom producers, establishing themselves
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Keck Developing the Law #2
Thompson reinforced Advocate General Jacobs in Lecler-Siplec who thought that 2 categories rigid - needed more flexible, some say Keck already flexible
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Keck JA #2
Panos Koutakos, 'On groceries, alcohol and olive oil: more on free movement of goods after Keck', 2002: wording of Keck and sub case law proves it was meant to be flexible
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Keck Developing the Law #3
De Agostini: Brought selling arrangements under ART 34 where they cut off market access, Gourmet settled AGJ's worries indistinctly applicable measures came under where they partitioned national markets
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Keck Conclusion
Undoubtedly a significant case, while there are doubts over it being too rigid, it does seem that it is flexible enough to bring selling arrangements under national law
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Other cards in this set
Card 2
Front
Keck Facts
Back
The pair prosecuted for infringing French legislation - couldn't resell unaltered products at a loss, question to CJEU of whether this was MEQR under Dassonville, and prohibited by ART 34
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