keck and mithouard造句

• Keck and Mithouard were prosecuted in France under anti-dumping retail laws for selling Picon liqueur at below cost price.
• Provided that those conditions are fulfilled, the application of such rules to the sale of products from another Member State meeting the requirements laid down by that State is not by nature such as to prevent their access to the market or to impede access any more than it impedes the access of domestic products ( see " Keck and Mithouard ", paragraphs 16 and 17 ).
• Since it affects only the way in which the services are offered, it is analogous to the non-discriminatory measures governing selling arrangements which, according to the decision in Joined Cases C-267 and 268 / 91 " Keck and Mithouard " [ 1993 ] ECR I-6097, paragraph 16, do not fall within the scope of Article 30 of the Treaty.
• {{ Cquote | 8 It should be pointed out that, according to paragraph 17 of its judgment in " Keck and Mithouard ", if national provisions restricting or prohibiting certain selling arrangements are to avoid being caught by Article 30 of the Treaty, they must not be of such a kind as to prevent access to the market by products from another Member State or to impede access any more than they impede the access of domestic products.
• 40 in Joined Cases C-267 / 91 and C-268 / 91 " Keck and Mithouard " [ 1993 ] ECR I-6097, at paragraph 16, the Court held that national measures restricting or prohibiting certain selling arrangements are not covered by Article 30 of the Treaty, so long as they apply to all traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States.
• 102 Nor is that conclusion negated by the case-law of the Court cited by URBSFA and UEFA, to the effect that Article 30 of the Treaty does not apply to measures which restrict or prohibit certain selling arrangements so long as they apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States ( see Joined Cases C-267 / 91 and C-268 / 91 " Keck and Mithouard " [ 1993 ] ECR I-6097, paragraph 16 ).
• It is also apparent from settled case-law that Article 28 EC reflects the obligation to respect the principles of non-discrimination and of mutual recognition of products lawfully manufactured and marketed in other Member States, as well as the principle of ensuring free access of Community products to national markets ( see, to that effect, Case 174 / 82 " Sandoz " [ 1983 ] ECR 2445, paragraph 26; Case 120 / 78 " Rewe Zentral " ( " Cassis de Dijon " ) [ 1979 ] ECR 649, paragraphs 6, 14 and 15; and " Keck and Mithouard ", paragraphs 16 and 17 ).