Deutsche Vereinigung des Gas- und Wasserfaches eV (DVGW), Advocate General Trstenjak has broken a lance for horizontal direct effect of article 34 TFEU. Until now, the Court has always denied horizontal direct effect of the free movement of goods provisions, in contrast to the other fundamental freedoms.

Does Article 34 TFEU have horizontal direct effect?

34 and 35 became non-contentiously established doctrine and one of the corner- stones of the EU Law, direct horizontal effect of this same rules has never been recognized.

What is the purpose of Articles 34 36 TFEU?

Articles 34-36 of the TFEU are one of the founding pillars for the free movement of goods in the EU single market as they prohibit restrictions on imports and exports and measures having equivalent effect, subject to certain public policy exemptions.

Under which conditions does a certain selling arrangement fall outside the scope of Article 34 TFEU according to the Keck Judgement?

Importantly, the field of application of Article 34 of the TFEU is limited by the Keck judgment, which states that certain selling arrangements fall outside the scope of that article, provided that they are non-discriminatory (i.e. they apply to all relevant traders operating within the national territory, and affect …

Why is direct effect important?

It was enshrined by the Court of Justice of the European Union (CJEU). It enables individuals to immediately invoke European law before courts, independent of whether national law test exist. The direct effect principle therefore ensures the application and effectiveness of European law in EU countries.

How did the Court of Justice change its interpretation of Article 34 TFEU in its decision in the Keck case?

The Court decided that not only was this not a case of a selling arrangement (as in this case the contested rule concerned a prior-to-sale stage), but also that there was no breach of Article 34 TFEU, since the rule-in-question was not a product rule, as the substance of the good would not have to be altered.

What is the horizontal direct effect of Article 34 TFEU?

Deutsche Vereinigung des Gas- und Wasserfaches eV (DVGW), Advocate General Trstenjak has broken a lance for horizontal direct effect of article 34 TFEU. Until now, the Court has always denied horizontal direct effect of the free movement of goods provisions, in contrast to the other fundamental freedoms.

Does Article 34 of the EU go too far?

Given that the free movement of goods is a fundamental tenet of the Community, 4 one is inclined to argue that rather than going too far, Article 34 simply promotes this aim, albeit in terms of quantitative restrictions.

What is the direct effect?

First of all what is Direct effect, it is a rule that goes under the European Union law and the European Court of justice established the Direct effect in the case of Van Gend en Loos v. Nederlandse Administratie der Belastingen (Case 26/62); [1963] ECR 1; [1963] ECR 13, In this case, the Court held that:

Is Article 34 of the UDHR too widely interpreted?

In conclusion, it has been shown that despite some restrictions on the prohibition, it is clear that the Courts continue to interpret Article 34 too widely in terms of its prohibitive effect, but have failed to ensure that Member States are protected in their competence to regulate their own markets and set their own policies.