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Content Type: Westlaw UK
Title : Criminal Proceedings against Keck
(C-267/91)
Delivery selection: Current Document
Number of documents delivered: 1
Sweet & Maxwell is part of Thomson Reuters. © 2010 Thomson Reuters (Legal)
Limited
Status: Positive or Neutral Judicial Treatment
Criminal Proceedings against Keck (C-267/91)
Criminal Proceedings against Mithouard (C-268/91)
英国论文European Court of Justice
24 November 1993
Case Analysis
Where Reported [1993] E.C.R. I-6097; [1995] 1 C.M.L.R. 101; Times, November 25,
1993; Financial Times, November 30, 1993
Case Digest Subject: Industry Other related subjects: European Union

Keywords: EC law; France; Free movement of goods; Pricing

Summary: Resale; general ban on resale at a loss; whether general
prohibition incompatible with EC law
Abstract: K and M were prosecuted for infringement of French
legislation by selling in an unaltered state articles at prices less than
their actual cost price. They contended that a general prohibition on
the resale at a loss was incompatible with the Treaty of Rome 1957
Art.30.
Held, that Art.30 does not apply to legislation of a Member State
imposing a general prohibition on resale at a loss. As regards the
principles of non-discrimination laid down in Art.7, the fact that
undertakings selling in different Member States were subject to
different legislative provisions, some prohibiting and some permitting
resale at a loss, did not constitute discrimination for the purposes of
Art.7 since the national legislation at issue in the main proceedings
applied to any sales activity carried out within the national territory,
regardless of the nationality of those engaged in it. As regards
Art.30 it was not the purpose of national legislation imposing a
general prohibition on resale at a loss to regulate trade in goods
between Member States. Contrary to what had previously been
decided by the European Court, the application to products from
other Member States of national provisions restricting or prohibiting
certain selling arrangements was not such as to hinder directly or
indirectly, actually or potentially, trade between Member States
within the meaning of Procureur du Roi v Dassonville (8/74) [1974]
E.C.R. 837, provided that those provisions applied to all affected
traders operating within the national territory and provided that they
affected in the same manner, in law and in fact, the marketing of
domestic products and of those from other Member States. Where
those conditions were fulfilled, the application of such rules to the
sale of products from another Member State meeting the
requirements laid down by that State was not by nature such as to
prevent their access to the market or to impede access any more
than it impeded the access of domestic products. Such rules
therefore fell outside the scope of Art.30 of the Treaty.
Judge: Judge Due (President)
Related Cases Criminal Proceedings against Keck (C-267/91)
[1993] E.C.R. I-6097; AGO
Criminal Proceedings against Keck (C-267/91)
Page1
[1993] E.C.R. I-6097; AGO
Significant Cases Cited Procureur du Roi v Dassonville (8/74)
[1974] E.C.R. 837; [1974] 2 C.M.L.R. 436; [1本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。