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The substance of our thesis study, measures having equivalent effects with quantitative…
The most important list that defines measures having equivalent effects with quantitative…
The Court of Justice, in most of the decisions made during import-related cases,…
The Court, having once evaluated only applications under direct discrimination concerning…
It must be stated that measures containing reverse discrimination, since they do…
Having used the concept of measures having equivalent effects firstly in 1971 during…
The points contained in the Court’s aforementioned remark served as a model for subsequent…
Although together with this definition, it seems that The Court of Justice generally…
Having opened a new perspective by going beyond the scope of the Commission’s directive…
The Cassis de Dijon Decision issued in 1979 is evaluated to be the second…
Together with the Cassis de Dijon Decision, The Court—apart from the exceptional decrees that are counted as limited in the treaty—stated that requirements that are inhibitory of the Union Law can gain compliance with the law based on a legitimate reason, hence narrowing down the scope of the concept of measures having equivalent effects in the Dassonville formula.…
The criterion of the inhibition to entry to the common market stands out as the focus…
1) The Court at first researches whether a regulation or harmonization was put into…
2) Secondly, if harmonization was not in action, the principle of mutual recognition…
3) Consequently, in the 6th paragraph of the Dassonville Decision, it was…
Hence, if measures having equivalent effects are evaluated in the light of the perspective…
The clause of mandatory requirements brought by the Cassis Decision was first valid for only application including direct discrimination, in time it gained validity for application of indirect discrimination as well. In this sense, while the rules regarding the sales ban on Sundays Trading are in the scope of article no. 34 as indirectly discriminatory, it seen that
One of the later jurisdictions of The Court of Justice, the Keck and Mithouard Decision,…
In certain cases, it remains vague whether a national regulation is concerned about…
The 16th paragraph of the Keck Decision stated that a national regulation concerning sales methodologies remains outside of the prohibition under the article no. 34 and thus will not be regarded as measures having equivalent effects if the regulation “generally regulates a domestic economic activity”, “is applied equally to all traders affected”, and “produces the same de facto and…
It will be seen that with the Keck and Mithouard Decision, the Dassville Decision…
The novelty brought by The Court of Justice through the Keck Decision seems to be about only “certain selling arrangements”. The Court repeats its comment on the article no. 34 in the light of the Dassonville Decision…
In this context, if one looks at the course of actions that we drew as it is after…
It might be said that after 30 years of trials of formulas, the jurisdiction that…
The Court of Justice, in for the identification of certain selling arrangements,…
In addition, according to the final criteria constituted by the Court of Justice,…
Consequently, The Court of Justice considered the criticism that came after the Keck…
It must also be stated here that as identified in the Gourmet International Products Decision…
As understood from all these decisions that are analyzed in the thesis and the jurisdiction…
According to the Court, all measures that hinder access to the market are adopted…
In this sense, it is impossible for us to adopt the view recently defended in the…
After all these analyses, as in the Decisions of Cassis and Keck, to form a specified definition of measures having equivalent effects—when the extent of the authority of states over the field of trade is considered—means to take a great risk that would facilitate the violation of the rule. In the light of this, we think that it would be wiser to adopt a larger and more comprehensive perspective just like in the Dassonville formula.…
We, too, consider that the most effective method in determining whether a national…
It is observed in the literature of academic work conducted until today that the…
For us the most significant reason that this field still remains a major problem…
