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    I've pretty much understood the rest of FMG, besides that of Keck and selling arrangements.
    Therefore, I was wondering if somebody could provide a skeletal breakdown of what it is please?
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    (Original post by Debdener)
    I've pretty much understood the rest of FMG, besides that of Keck and selling arrangements.
    Therefore, I was wondering if somebody could provide a skeletal breakdown of what it is please?
    Hi, this is how I understand the situation regarding MEQRs and indistinctly applicable measures. Cassis de Dijon deals with product requirements, which means anything to do with the actual physical properties of the product, so packaging (Walter Rau margarine case). If the discrimination deals in those types of situations then, it will be unlawful unless Art 36 applies or, as per Cassis, the 'mandatory requirements' defence, where the measure is mandatory. So factors there include public health, fiscal supervision, and even reasons like culture (Cinetheque) and environment (EC Commission v Denmark). But note that the requirement must really be mandatory (necessary) to suffice.

    Keck on the other hand deals with selling arrangements, which does not bear any precise definition, but has been taken to mean things like advertising and anything that does not deal with the product itself, thus the 'arrangement of the selling' if you will. So for example in Hundermund, prohibition of ads for pharmaceutical products were held not to be discriminatory. In order for the rule in Keck to apply, the factors in paragraph 16 must be satisfied: 1) the provisions must apply to all relevant traders 2) it affects the marketing of domestic products and products from other MS in the same manner. If that is the case, selling arrangements do not breach Art 34 because they do not prevent access to markets.


    Hope that answers your question!
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    (Original post by darylpoon12)
    Hi, this is how I understand the situation regarding MEQRs and indistinctly applicable measures. Cassis de Dijon deals with product requirements, which means anything to do with the actual physical properties of the product, so packaging (Walter Rau margarine case). If the discrimination deals in those types of situations then, it will be unlawful unless Art 36 applies or, as per Cassis, the 'mandatory requirements' defence, where the measure is mandatory. So factors there include public health, fiscal supervision, and even reasons like culture (Cinetheque) and environment (EC Commission v Denmark). But note that the requirement must really be mandatory (necessary) to suffice.

    Keck on the other hand deals with selling arrangements, which does not bear any precise definition, but has been taken to mean things like advertising and anything that does not deal with the product itself, thus the 'arrangement of the selling' if you will. So for example in Hundermund, prohibition of ads for pharmaceutical products were held not to be discriminatory. In order for the rule in Keck to apply, the factors in paragraph 16 must be satisfied: 1) the provisions must apply to all relevant traders 2) it affects the marketing of domestic products and products from other MS in the same manner. If that is the case, selling arrangements do not breach Art 34 because they do not prevent access to markets.


    Hope that answers your question!
    You sir, if given the prerogative, would knight you!
    Your advice is most greatly appreciated, and I have rep'd you. ;-)
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    (Original post by Debdener)
    You sir, if given the prerogative, would knight you!
    Your advice is most greatly appreciated, and I have rep'd you. ;-)
    Glad to be of assistance - btw; I'm a girl do you have any other questions? I'm studying for my exams so would love to test myself and help people out
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    (Original post by darylpoon12)
    Glad to be of assistance - btw; I'm a girl do you have any other questions? I'm studying for my exams so would love to test myself and help people out
    My apologies, I meant no harm! ;-)
    Not at this precise moment. I'm currently revising for exams as well, with EU being first up.
    However, a lot of the content that has been taught hasn't been taught particularly well.
 
 
 
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