INTRODUCTION

Article 34 TFEU prohibits restrictions on the import of goods from other Member States. Case law has divided measures which may be restrictions into three categories, governed by three important cases, Dassonville, Cassis de Dijon and Keck. The structure of the chapter reflects this.

Section 2 discusses the umbrella notion of a restriction on imports, which is provided in Dassonville. This case established a very broad scope to Article 34, applying to any measure which impedes imports, however that effect is achieved. A recent case, Alfa Vita, even suggests that if a measure results in reduced sales of certain goods this may be enough to bring it within Article 34.

Section 3 discusses the application of Article 34 to product rules. The basis for this application is provided in Cassis de Dijon. Product rules are rules which require producers to change some aspect of the physical product or its packaging before it may be sold. Examples are rules which only allow the sale of foodstuffs made in certain ways, or which limit the kinds of containers that can be used for soft drinks. The Court of Justice held in Cassis de Dijon that even if these rules apply equally to imports and domestic products, they are nevertheless restrictions on imports.