Ker-Optika bt v ÀNTSZ Dél- dunántúli Regionális Intézete
European Union law case / From Wikipedia, the free encyclopedia
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Ker-Optika bt v ÀNTSZ Dél-dunántúli Regionális Intézete [2010] ECR, Case C-108/09 is an EU law case concerning a conflict of law between Hungarian national legislation and European Union law. The Hungarian legislation regarding the online sale of contact lenses was considered with regards to whether it was necessary for the protection of public health, and it was concluded that this could have been done by less restrictive measures. Despite the internal measure in this case being categorised as a selling arrangement, which would generally be determined by the discrimination test established in Keck,[1] the Court went on to use a market access test, as per Italian Trailers.[2] Thus, this case is crucial in the recent development of the tests for determining measures equaling equivalent effect.
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Ker-Optika | |
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Court | Baranya Megyei Bíróság |
Citation | [2010] ECR I-12213, Case C-108/09. |
Keywords | |
European Union law
Free movement of goods Internal measures Selling arrangements Discrimination test Market access test |