The Keck Case and its Impact on European Union Law - Analysis

This case study delves into the Keck case, a pivotal legal matter concerning the free movement of goods within the European Union. The case involved two individuals prosecuted in France for selling goods below the purchase price, a violation of French law. They argued that the prosecution contravened Article 28 of the Treaty of the European Community (TEC). The Court of Justice dismissed their argument, stating that a universally applied law without discrimination against member states does not violate Article 28. The study highlights criticisms of the case, particularly its extension beyond the regulation of imports and exports, potentially infringing on France's governance rights. The document concludes with a bibliography referencing relevant sources and treaties. Desklib provides a platform for students to access similar case studies and solved assignments for academic support.

EUROPEAN LAW
European Law
Name
Institution
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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.1 The Keck case2 was 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. 28.5 But 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.6 This case has come under heavy criticism as a result.
1 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.
2 Bernard Keck and Daniel Mithouard (1993) C-267/91.
3 Article 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.
4 Treaty of European community, now section 34 of the Treaty of Treaty on the Functioning of the European Union.
5 Supra note 1.
6 Kai 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.
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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 version no. 4(2012): 326.
Treaty on the Functioning of the European Union, February,2010 “Official journal of the
European Union 36, no. 4(2012): 234.
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