Case 8/74, Procureur du Roi vs. Benoît and Gustave Dassonville, ECR 1974 p. 00837 http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=en&numdoc=61974J0008

Identified should be:

● The parties of the case

● The subject of the case

● The structure of Free Movement cases:

-Element of EU law

-Does the case fall under EU free movement law?

-Which free movement rights are restricted?

-Is the restriction distinctive or indistinctive / discriminatory or non-discriminatory?

-Is the restriction justified? (In this case, it is important that there exist two groups of justifications - treaty-based and case law based.)

-Is the restriction necessary in a democratic society?

-Is the restriction proportionate?

● What did the ECJ decide?

 

Please note:

In paragraph 5 the ECJ says:

"All trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to be regarded as measures having an effect equivalent to quantitative restrictions." This statement is called "Dassonville Formula" and it means that such rules are prohibited under Article 34 TFEU. The Dassonville formula embraces potential impairment - which is sufficient for classification as a measure having equivalent effect.

 

According to the Advocate General's Poiares Maduro opinion in the case C-434/04, Jan-Erik Anders Ahokainen and Mati Leppik vs. Virallinen syyttäjä, in the Joined Cases 51/71 to 54/71 International Fruit [1971] ECR 1107, paragraph 9; Case 124/81 Commission v United Kingdom (UHT milk) [1983] ECR 203, paragraph 9; Case 40/82 Commission v United Kingdom [1984] ECR 283, paragraph 24; Case C‑304/88 Commission v Belgium [1990] ECR I‑2801, paragraph 9; Case C‑235/91 Commission v Ireland [1992] ECR I‑5917, paragraph 5; EFTA Court Case E‑1/94 Restamark, paragraphs 49 and 50, the ECJ has repeatedly stated that Article 34 TFEU (28 EC) precludes national legislation which, even as a pure formality, requires a licence for the introduction into its territory of goods from another Member State.

 

(For the notes, the following material has been used: Imola Streho, Free Movement of Goods: About Discrimination, Restrictions and Market Access. Advanced European Union Legal Practice. Reader - Teaching Material (Total Law CEU Sun, Department of Legal Studies, 2010)).