Abstract: This preface to the new series What ... Should Have Said: Rewriting Landmark Judgments of the European Court of Justice introduces the project and its rationale. Legal scholars typically critically analyse court judgments so as to provide a "soft power based" check on judicial reasoning and provide doctrinal and normative guidance for courts in future cases. Notwithstanding the merits of legal scholarship, especially scholarly critiques of case law invites the question of how these scholars concretely would have decided the respective cases. What ... Should Have Said provides a new way of "doing EU law" by asking both junior and senior EU legal scholars to literally rewrite landmark judgments of the European Court of Justice.
Keywords: free movement of goods – art. 30 EEC – art. 34 TFEU – internal market – measures having equivalent effect – certain selling arrangements.
* Associate Professor of Law, University of Groningen, email@example.com.