Keck and post-Keck judgements in respect to selling arrangements and requirements to be met in the light of Article 28 EC

Abstract

Chapter 1 addresses the situation prior to Keck, and concentrates on defining the limits and boundaries of Article 28, including Directive 70/50 that has influenced the application of the said Article. The landmark judgments, particularly Dassonville and Cassis are considered at length, and the emerging principles discussed, taking into account their effect and implications on the free movement of goods. Chapter 2 focuses on the Keck judgment itself, including the reasons why this decision was needed, and considers the possible alternatives proposed at its time. The issue whether the test in Keck addressed the shortcomings relating to the boundaries and application of Article 28, and the features arising from such judgment, are examined with a critical eye. Chapter 3 deals with post-Keck case law, and discusses the qualifications, modifications, derogations and possible alternatives to the Keck test, as well as other issues that regard the scope and justifications to Article 28. All the relevant case law in this context is considered and the trends adopted by the European Court of Justice are identified, after which a conclusion is given.