Keck and Mithouard
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Reference for a Preliminary Ruling in the Criminal Proceedings against Bernard Keck and Daniel Mithouard (1993) C-267/91 is an EU law case, concerning the conflict of law between a national legal system and European Union law. The Court found that "selling arrangements" did not constitute a measure having equivalent effect to a quantitative restriction on trade between Member States of the European Community, as it was then. As a result, the 'discrimination test' was introduced to identify such selling arrangements.
Keck and Mithouard | |
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Court | European Court of Justice |
Citation | (1993) C-267/91 |
Court membership | |
Judges sitting | O. Due, President, G.F. Mancini, J.C. Moitinho de Almeida, M. Diez de Velasco and D.A.O. Edward (Presidents of Chambers), C.N. Kakouris, R. Joliet, F.A. Schockweiler, G.C. Rodríguez Iglesias, F. Grévisse, M. Zuleeg, P.J.G. Kapteyn and J.L. Murray, Judges; W. Van Gerven, Advocate General |
Keywords | |
Quantitative restriction on trade, measure of equivalent effect |
Keck and Mithouard were prosecuted in France under anti-dumping retail laws for selling Picon liqueur at below cost price. The Court distinguished the case from its earlier jurisprudence on the content or characteristics or the products concerned. Thus the legislation in question fell outside the scope of the then article 28 of the Treaty of the European Community (now codified as article 34 of the Treaty on the Functioning of the European Union).