EU LAW KECK DECIDED Essay Example | Topics and Well Written Essays - 2000 words

EU LAW KECK DECIDED - Essay Example The initial issue in the case was that court did not derail from the earlier notion about the idea of a measure that had an equal consequence to quantitative confinement on imports, which further triggered confusions between the provisions of Article 28 and 30. While rendering the decision in the two cases, the court agreed with the fundamental belief in Dasonville [Procureur du Roi v. Dassonville et al, Case 8/74, (1974) E.C.R. 837, 852, (1974) 2 C.M.L.R. 436, 448] & [Keck, [1994] E.C.R. 1-6097, 6130]. The purpose to obstruct intra-community dealing, when judging this was not a prerequisite for finding a violation in Article 30 [Schutzverband gegen Unwesen in der Wirtschaft v. Weinvertreibs-GmbH, Case 95/82, [1981] E.C.R. 1217, 1226]; P.B. Groenveld BV v. Produktschap voor Vee en Vlees, Case 15/79, [1979] E.C.R. 3409, [1981] 1 C.M.L.R. 207, 211 & EC Commission v. United Kingdom, Case 40/82, [1982] E.C.R. 2793, 2825-26, [1982] 3 C.M.L.R. 497, 535]. Even though, there was dissatisfaction regarding reasoning in Torfaen case, preceding to the Keck case1, it was unambiguous that court had acknowledged all actions being wedged with such measures that had an equivalent effect, but were warranted to be reasonable socio-economic strategy options [ Torfaen, [1989] E.C.R. 3851, [1990] 1 C.M.L.R. 33; Union departementale des syndicats CGT de lAisne v. SIDEF Conforama et. al., Case C,-312/89, [1991] E.C.R. 1-997, 1025, [1993] 3 C.M.L.R. 746, 767; The State of Belgium v. Andre Marchandise, Case C-332/89, [1991] E.C.R. 1-1027, 1041, [1993] 3 C.M.L.R. 746, 767 & Stoke-on-Trent, (1992] E.C.R. 1-6335, [1992] 1 C.M.L.R. 426, 464].At the time of hearing and judgments preceding Keck, the court also conferred on various selling practices and procedures [The Republic (France) v. JeanMarie Delattre, Case C-369/88. [1991] E.C.R. 1-1487, [1993] 2 C.M.L.R. 445; SCP Boscher, Studer et