Leaving Keck behind? The free movement of goods after the rulings in Commission v Italy and Mickelsson and Roos

Abstract

Contrasts the approach taken by the Advocates General and the European Court of Justice in Commission of the European Communities v Italy (C-110/05) and Aklagaren v Mickelsson (C-142/05) regarding the extent to which national rules restricting the use of goods were measures having equivalent effect to quantitative restrictions on imports. Considers whether the "certain selling arrangements" criterion laid down by the European Court of Justice in Criminal Proceedings against Keck (C-267/91) has been replaced by a market access test.