Results 1 to 10 of about 18,523 (156)

Discrimination Disguised: The Market Access Test of Article 34 TFEU

open access: greenSSRN Electronic Journal, 2014
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
openaire   +2 more sources

Of Trailers and Jet Skis: Is the Case Law on Article 34 TFEU Hurtling in a New Direction? [PDF]

open access: green, 2009
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
openalex   +3 more sources

Of Types and Tests: Towards a Unitary Doctrinal Framework for Article 34 TFEU?

open access: green, 2016
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
openaire   +5 more sources

Limitations on Parallel Import of Medicinal Products: Comments in the Context of the Judgement of the Court of Justice of the European Union in Case C-602/19 Kohlpharma

open access: yesStudia Iuridica Lublinensia, 2021
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
doaj   +1 more source

Gloss to the Judgment of the Court of Justice of the European Union (Third Chamber) of 25 November 2021 in Case C‑488/20, Delfarma SP. Z o.o. v. Prezes Urzędu Rejestracji Produktów Leczniczych, Wyrobów Medycznych i Produktów Biobójczych

open access: yesReview of European and Comparative Law, 2023
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
doaj   +1 more source

What Keck and Mithouard Should Have Said: It Could Have Been So Simple

open access: yesEuropean Papers, 2023
(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
doaj   +1 more source

What Keck and Mithouard Should Have Said: Preventing Substantial Barriers to Market Access

open access: yesEuropean Papers, 2023
(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
doaj   +1 more source

Introduction: What Keck and Mithouard Actually Said – And Its Legacy

open access: yesEuropean Papers, 2023
(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
doaj   +1 more source

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