Artykuł 34 TFUE a zasada dostępu do rynku – uwagi na tle orzecznictwa 20 lat po wyroku TS UE w sprawie Keck

Abstract

The Article analyses the current interpretation applied by the Court of Justice of the European Union to the definition of ‘measures having equivalent effects to quantitative restrictions’ under Article 34 of the Treaty on the Functioning of the European Union and its application to national laws. It does so in view of the evolution of the Keck doctrine and its premises twenty years after the Court issued the judgment setting the controversial principles of excluding rules pertaining to selling arrangements from the scope of Article 34. The text argues that the market access principle, which also provides a conceptual reference for the examination, has been increasingly applied by the Court to assess the compatibility of national provisions with the internal market and free movement of goods under Article 34 TFEU.