What is the significance of the Keck and Mithouard case?
This is known as predatory pricing. Keck and Mithouard (K & M) were prosecuted in France for selling goods at a price, which was lower than their actual purchase price (resale at a loss), contrary to the French law. The law did not ban sales at a loss by the manufacturer.
What is the Keck principle?
The Keck decision states essentially that if provisions regarding selling arrangements “affect in the same manner, in law or in fact, the marketing of domestic products and those of other Member States”21, then these should not be caught by Article 34.
What is Keck exception?
 The decision in Keck effectively created an exception for certain selling arrangements that applied equally to all measures in fact and in law. If a measure fails the Keck test it will be considered automatically in breach of the market access test.
Has Keck come to end?
Yet it seems that the Keck era has come to an end. In its most recent case law on the free movement of goods the Court returned to an overbroad definition of MEQR and restricted the legal categorization approach previously employed in favour of one relying on the balancing of conflicting interests and values.
What is an indistinctly applicable measure?
Distinctly applicable measures are those which do not apply equally to domestic and imported goods whereby, indistinctly applicable measures apply to both domestic and imported goods equally and without distinction.
What is a selling arrangement?
The ‘selling arrangement’ is a judicial device which removes national law. from the scrutiny of European Community law relating to the free movement. of goods. National provisions affecting the marketing of products may fall for. consideration as ‘selling arrangements’ where the treatment of the domestic.
What is the difference between distinctly and indistinctly applicable measures?
What is the scope of Article 34 TFEU?
— Article 34 TFEU, which relates to intra-EU imports and prohibits ‘quantitative restrictions and all measures having equivalent effect’ between Member States; it reads ‘Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’.
Does Article 34 have direct effect?
Deutsche Vereinigung des Gas- und Wasserfaches eV (DVGW), Advocate General Trstenjak has broken a lance for horizontal direct effect of article 34 TFEU. Until now, the Court has always denied horizontal direct effect of the free movement of goods provisions, in contrast to the other fundamental freedoms.
What was Keck V Mithouard?
Keck and Mithouard claimed that the French law was contrary to Community law concerning free movement of goods. In conclusion, the Court said in C-267 and C-268/91 Keck v Mithouard  ECR I-6097 that it needed to reconsider its case law.
What is the Keck formula and why is it important?
The key to the Keck Formula, is the distinction that must be drawn between rules which relate to the product itself and those that relate to the method by which the product is being sold.
Is there any criticism of the Keck jurisprudence?
Criticism and development of the Keck jurisprudence. The judgment has been subject to a number of criticism in the academic literature. In response to this, the Court has meanwhile diminished the importance of the Keck-judgment, giving way to a refined 3-tiers-test.