EU Regulations on the Free Flow of Goods in the Light of Judicial Review by the Court of Justice

Wojciech Szydło ()
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Wojciech Szydło: University of Wrocław

A chapter in Country Experiences in Economic Development, Management and Entrepreneurship, 2017, pp 317-329 from Springer

Abstract: Abstract The marketing of products in EU Member States is subject to EU protection of the free flow of goods. The free flow of goods regulated in Art. 34-36 TFEU, one of the fundamental principles of the European Union and an instrument in materializing a functioning of the single market (Art. 26 TFEU and Art. 3(3) TEU), in its objective scope encompasses protection of the import and export of goods, commercialization of goods, and their use. This results directly from the contents of Art. 34 and Art. 35 TFEU and from decades of unusually rich case law from the Court of Justice, which has recently began to openly declare that this protection is also afforded to activities and processes consisting in the use (application) of products by consumers. Analysis of Court of Justice case law in precisely this scope will be the subject matter addressed in the deliberations undertaken. At the same time, the deliberations will also discuss legal means of effectively justifying domestic regulations prohibiting or limiting trade which potentially violate the principle of the free flow of goods.

Keywords: Court of Justice of the European Union; Judicial review; Principles of the European Union; Free flow of goods; Objective scope of EU protection of the free flow of goods (search for similar items in EconPapers)
Date: 2017
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Persistent link: https://EconPapers.repec.org/RePEc:spr:eurchp:978-3-319-46319-3_20

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DOI: 10.1007/978-3-319-46319-3_20

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