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Words: | Submitted: Mon Jun 19 2006
... of Procureur du Roi v Dassonville {case 8/74) [1974] ECR 837, the ECJ, based on Directive 70/50, introduced a definition of measures having equivalent effect to quantitative restrictions, known as the 'Dassonville Formula'. It stated that: 'All trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to be considered as measures having an effect equivalent to quantitative restrictions'. Such measures include regulatory criteria introduced to set minimum standards8 for the size, weight, quality9, content,10 presentation and price of goods11. Inspections and tests for conformity to standard are also such measures12 and the promotion of goods by reason of their national origin, which influences trade, is also deemed as such a measure.13 Failure by a Member State to prevent individuals from obstructing the free movement of goods, also falls within the ambit of such measures14. However, a measure falling within the Dassonville ...
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