Introduction: What Keck and Mithouard Actually Said – And Its Legacy

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Abstract: The European Court of Justice's judgment in Keck and Mithouard (joined cases C-267/91 and C-268/91 ECLI:EU:C:1993:905) is one of the crucial judgments in the development of the free movement of goods, and EU internal market law more generally. Keck generated a vast number of scholarly commentaries. Its legacy has continued to be widely debated following more recent judgments including Commission v Italy (trailers) (case C-110/05 ECLI:EU:C:2009:66) and Deutsche Parkinson Vereinigung (case C-148/15 ECLI:EU:C:2016:776). This Introduction aims to briefly revisit the developments leading to the Keck judgment, the central parts of the Court's reasoning, and its legacy in subsequent case law. It will conclude with a brief introduction to the four rewritings in this issue.

Keywords: free movement of goods – art. 30 EEC – art. 34 TFEU – internal market – measures having equivalent effect – certain selling arrangements.

European Papers, Vol. 8, 2023, No 1, pp. 353-362
2499-8249 - doi: 10.15166/2499-8249/657

* Associate Professor of Law, University of Groningen,


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