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Article 34 TFEU states that '[q]uantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States.' Then, in Criminal proceedings

Article 34 TFEU states that '[q]uantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States.'

Then, in Criminal proceedings against Bernard Keck and Daniel Mithouard (Joined Cases C-267/91 & C-268/91) [1993] ECR I-6097, [1995] 1 CMLR 101), the CJEU, in applying Article 34 TFEU, drew a somewhat formalistic distinction between rules relating to the characteristics of products and selling arrangements without considering market access ('the statement').

  • a.Critically analyse what type of national restrictions Article 34 TFEU covers, ensuring that you make reference to the decision in Keck and subsequent decisions of the CJEU.

  • b.With reference to the above statement, how consistent and successful has the CJEU been in striking a balance between Member State regulation and the freedom to move goods?

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