Where those conditions are fulfilled, the application of such rules to the sale of products from another Member State meeting the requirements laid down by that State is not by nature such as to prevent their access to the market or to impede access any more than it impedes the access of domestic products. Keck and Mithouard 11 would be e. No certainty after Keck Although allowing more flexibility for the court when judging on Article 34 and marked in advance as a big success by the Commission71, the Keck formula did not solve anything in full and the ECJ still had to address a lot of issues.
Another contradictory case emerged in the late 90s - Gourmet International The case concerned a prohibition of alcohol print advertising by Sweden. Although it was not aimed at any particular product and accordingly should had been classified as a selling arrangement, the ECJ took a surprising decision in the contrary, saying that there is a high possibility for a foreign alcohol imports to be affected by the ban and therefore it found the Swedish law contrary to Article 34 TFEU. On the other hand, some national marketing regulations e.
For instance in 68 Ibid. Oliver, S. More recently, in Alfa Vita77 a Greek law regulating the sale of bread which was produced only half baked and sold after extra-baking at the store by requiring the seller to be duly licensed and equipped to bake the bread, was found inconsistent with Article 34 TFEU.
The ECJ considered the Greek regulation as an example of product requirement, even though it regulated not the product itself, but the place where such product could be processed. The reason was that the court took into concern the fact that the regulation was indirectly relevant to the production process of such bread and not only defined the place of its production, because it did not "take the specific nature of those products into account and entails additional costs, thereby making the marketing of those products more difficult".
Advertisement was another contradictory area, where the court's rather mechanical approach to apply Keck was widely criticized In Leclerc - Siplec82 the court ruled that "regulation or administrative action in Member States concerning the pursuit of television broadcasting activities does not preclude Member States from prohibiting, by statute or by regulation, the broadcasting of advertisements for the distribution sector by television broadcasters established on their territory.
However, this is not the only reason for the inconsistencies of the court. The matter of Free movement of goods is a subject to constant change and every formula that the ECJ creates in its practice is normally to be adjusted as to reflect the actual facts of every particular case. There are no universal solutions, as after all, the adjudication is an active 81 Opt. The facts speak that the system of the Free movement of goods works and today it is more developed than ever before.
Evidence are the very similar pricing and variety of goods all over the EU. That is why, it might be said that the ECJ is a successful instrument for interpretation and enforcement of EU Law and the Free movement of goods is in general one of the success stories of the EU. Bibliography Primary sources Legislation 1.
Treaty on European Union 2. Treaty on the Functioning of the European Union Cases 1. Denmark  ECR Conforama  ECR I Mars  ECR I Under this Article, the German government would be advised to make three submissions. First, that the requirement to package all materials in recyclable material serves the protection of animal and plant health as non recyclable plastic bags damage the natural habitat of all wild animas and plants.
Secondly, although FFAD suggest that Art 36 does not include environmental protection, AherWaggon and particular PressenElektra suggest that environmental protection is included, the latter case pointing particularly to the merit of recycling in reducing the emission of greenhouse gases, which Germany is also concerned about. Art 36 aside, in Cassis de Dijons, the court provided an open ended list of 'mandatory requirements' to supplement the Treaty. It has also made a strong legislative contribution to the harmonisation directives.
Parliament made a significant contribution to the NLF package adopted in The key issues for Parliament, in its negotiations with the Council, were to secure agreement that all economic operators involved should increasingly be responsible for assuring the compliance and safety of the products they put on the market, and further to strengthen the CE mark by making consumers more aware of it.
Parliament continues to work in this area, with the Alignment Package consisting of nine directives covering different products, including lifts, pyrotechnic articles and explosives. The package consists of new enforcement rules for the internal market for goods, which will enable national market surveillance authorities to enforce the law and to provide better and more extensive means of consumer protection.
In particular, authorities will be better able to track down unsafe products, while, at the same time, the rules on consumer product safety will be simplified and merged into a single piece of legislation. Along with the principle of mutual recognition, standardisation plays a central role in the proper functioning of the internal market.
Harmonised European standards help to ensure free movement of goods within the internal market and allow enterprises in the EU to become more competitive. These standards help to protect the health and safety of European consumers and also contribute to environmental protection. The seventh legislature concluded the legislative review of nine directives in the alignment package, in areas such as low-voltage equipment, electromagnetic compatibility, non-automatic weighing instruments, measuring instruments, explosives for civil uses, equipment and protective systems intended for potentially explosive atmospheres, pyrotechnic articles and simple pressure vessels, as well as directives on pressure equipment and radio equipment.
Parliament also concluded legislative work on: the regulation laying down harmonised conditions for the marketing of construction products; the labelling and marking of the fibre composition of textile products; the safety and environmental performance of two- and three-wheeled vehicles and quadricycles; and the directive on recreational craft and personal watercraft improving safety through better categorisation of watercraft .
The eighth legislature has continued these efforts through its work on regulations on cableway installations, appliances which burn gaseous fuels, medical devices and personal protective equipment.
The package consists of new enforcement rules for the internal market for goods, which will enable national market surveillance authorities to enforce the law and to provide better and more extensive means of consumer protection. What is not simple are the means and the approaches used by the court to protect that extremely important concept. An expression of the principle is the fact that today any desire of the Member states to apply a measure for protection of public interest is first brought to the attention of the Commission for justification of its necessity and proportionality.
Advertisement was another contradictory area, where the court's rather mechanical approach to apply Keck was widely criticized Evidence are the very similar pricing and variety of goods all over the EU.
Denmark  ECR 49 Opt. Even though, it took more than 10 years after the outcomes from these two major cases to allow the rapid development of EU trade law by the Court to proliferate. Mars  ECR I Treaty on European Union 2.
Mars  ECR I The eighth legislature has continued these efforts through its work on regulations on cableway installations, appliances which burn gaseous fuels, medical devices and personal protective equipment. Recent research indicates that the ongoing Brexit process will generate significant uncertainties and negative impacts on the Single Market and the rights of European citizens . Completion of the internal market The creation of the single market necessitated the elimination of all remaining obstacles to free movement of goods.
Harmonised European standards help to ensure free movement of goods within the internal market and allow enterprises in the EU to become more competitive. The package consists of new enforcement rules for the internal market for goods, which will enable national market surveillance authorities to enforce the law and to provide better and more extensive means of consumer protection. Load fact sheet in pdf format The free movement of goods, the first of the four fundamental freedoms of the internal market, is secured through the elimination of customs duties and quantitative restrictions, and the prohibition of measures having an equivalent effect.
Cassis case 44 Ibid, page 45 Ibid. Evidence are the very similar pricing and variety of goods all over the EU. One of the biggest problems in applying the Cassis principle for the ECJ, though, was the fact that it did not always succeed to find the thin line between distinctly and indistinctly applicable measures which lead to some controversies in the approaches of the judges, especially when they sometimes decided, to use only the provisions of Article 36 TFEU to test a potential breach of Article 34 TFEU.