EUROPEAN LAW THE COMPLEXITIES IN THE KECK’S CASE The free movement of good is essential for economic progress and any hindrance to the same must be permitted with great caution.1The Keck case2was a case where these were in contention. The two were prosecuted in France for selling goods below the purchase price. This was illegal under French law3. The pair protested this and argued that under the prosecution was illegal under the provisions of Art 28 of the TEC.4 The court of justice dismissed the argument of the two and stated that where a law has universal application and does not discriminate against member states, then that law does not contravene the provisions if Art. 28.5But this case has a number of problems. The provisions of the TEC and TFEU are to regulate imports and exports yet in this case, the matter was neither. The drink that was being sold was manufactured and sold in France. This decision was meant that the court was reaching beyond its jurisdiction and interfering Frances right to govern its own citizens. Furthermore, no European community laws were broken and no state suffered any discrimination.6This case has come under heavy criticism as a result. 1Heinonline.org,The Impact of Keck Doctrine on Free Movement of Goods Studies and Articles 2011 Revista Romana De Drept European, 2011, (accessed May 24, 2019); available from https://heinonline.org/HOL/LandingPage?handle=hein.journals/rianrwioe9&div=54&id=&page=&t=1558726278. 2Bernard Keck and Daniel Mithouard (1993) C-267/91. 3Article 1 of French Law No 63-628 of 2 July 1963, as amended by Article 32 of Order No 86-1243 of 1 December 1986. 4Treaty of European community, now section 34 of the Treaty of Treaty on the Functioning of the European Union. 5Supra note 1. 6Kai P. Purnhagen, 'Keck Is Dead, Long Live Keck? – How The CJEU Tries To Avoid A Sunday Trading Saga 2.0' (Poseidon01.ssrn.com, 2018) <https://poseidon01.ssrn.com/delivery.php? ID=364085089029100085123123111027124110062049053076063030120000102113094065076067110069032124 000100104011004102125066085011024004051050047036006097109114010000015028068054056081124027092 120008066124016089068091090015101101069086108064088070093021085095&EXT=pdf> accessed 24 May 2019. 2
EUROPEAN LAW Bibliography Neue Zürcher Zeitung, 2019(accessed May 24,2019); available from https://www.nzz.ch/erleichterte_eu-importe-1.5759574 Purnhagen, Kai. “How the CJEU Tries to Avoid a Sunday Trading Saga”. Accessed May24,2019. Available from https://poseidon01.ssrn.com/delivery.php Heinonline.org.The Impact of Keck Doctrine on Free Movement of Goods Studies and Articles 2011 Revista Romana De Drept European, 2011. Accessed May 24, 2019. Available from https://heinonline.org/HOL/LandingPage?handle=hein.journals/rianrwioe9&div=54&id=&page= &t=1558726278. Treaty of European community, October,2012, “Official journal of the European Union consolidated versionno. 4(2012): 326. Treaty on the Functioning of the European Union, February,2010“Official journal of the European Union 36, no. 4(2012): 234. . 3