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Discrimination Disguised: The Market Access Test of Article 34 TFEU
The European Court of Justice has, at times, utilized a market access test to determine whether a national measure has equivalent effect to a quantitative restriction (MEQR) on imports within the meaning of Article 34 of the Treaty on the Functioning of the European Union (TFEU).
Lynndon Groff
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Of Trailers and Jet Skis: Is the Case Law on Article 34 TFEU Hurtling in a New Direction? [PDF]
The provision which is the focus of this Article is article 34 of the Treaty on the Functioning of the European Union ( TFEU or Treaty ) (formerly article 28 EC).
Peter Oliver
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Of Types and Tests: Towards a Unitary Doctrinal Framework for Article 34 TFEU?
What market model should determine the boundaries of negative integration, and in particular: what test should the Court apply to art.34 TFEU? After Keck , there is no single answer to this question. Having expressly acknowledged the existence of different tests for different types of measures, the post- Keck Court develops three jurisprudential lines ...
Robert Schütze
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Case C-171/11 Fra.bo: Horizontal Effect of Article 34 TFEU [PDF]
Benedikt Pirker
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'Facilitating infringements' of article 34 TFEU and the territorial nature of green electricity support schemes: Case C-573/12 Ålands Vindkraft AB v Energimyndigheten [PDF]
Laurens Ankersmit
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The judgement in case C-602/19 Kohlpharma is another decision of the Court of Justice of the European Union, which sets legal framework for marketing medicinal products from parallel import.
Jarosław Dudzik
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Medicinal products are a special type of goods due to their importance for human health and life, and their trade is generally under the scope of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code
Katarzyna Małgorzata Mełgieś
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What Keck and Mithouard Should Have Said: It Could Have Been So Simple
(Series Information) European Papers - A Journal on Law and Integration, 2023 8(1), 385-391 | What Should Have Said | (Abstract) This rewriting of Keck and Mithouard maintains the basic underlying philosophy of the Keck judgment but dispenses with the ...
Stefan Enchelmaier
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What Keck and Mithouard Should Have Said: Preventing Substantial Barriers to Market Access
(Series Information) European Papers - A Journal on Law and Integration, 2023 8(1), 363-372 | What Should Have Said | (Abstract) This rewriting of Keck and Mithouard is based on three categories of measures having equivalent effect: (1) national measures
Niklas Nachtnebel +3 more
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Introduction: What Keck and Mithouard Actually Said – And Its Legacy
(Series Information) European Papers - A Journal on Law and Integration, 2023 8(1), 353-362 | What Should Have Said | (Abstract) The European Court of Justice's judgment in Keck and Mithouard is one of the crucial judgments in the development of the free
Justin Lindeboom
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