Article 28 E.C. And Rules on Use: A Step Towards a Workable Doctrine on Measures Having Equivalent Effect to Quantitative Restrictions

41 Pages Posted: 18 Jun 2012

See all articles by Mattias Derlén

Mattias Derlén

Department of Law, Umeå University

Johan Lindholm

Umeå University

Date Written: 2010

Abstract

The ECJ's decision in the Mickelsson case (C-142/05) brings attention to a little discussed dimension of the already sufficiently complicated topic of the correct application of Article 28 EC; the fact that rules on use can constitute MEQR’s. Rules on use, here defined as national measures regulating how, when, where or by whom a certain product may be used, does not fit the traditional dichotomy, established in Keck, of product rules and selling arrangements. This article examines the case law of the ECJ regarding rules on use, with particular emphasis on the above mentioned Mickelsson case as well as the case Commission v Italy (C-110/05). We argue that the consequences of these cases are considerable, not only for the issue of rules on use but also for the general doctrine of MEQR’s. The ECJ has taken a significant step towards simplifying the application of Article 28, but many issues remain to be clarified.

Keywords: EU law, free movement of goods, MEQR, rules on use, jet ski, proportionality

Suggested Citation

Derlén, Mattias and Lindholm, Johan, Article 28 E.C. And Rules on Use: A Step Towards a Workable Doctrine on Measures Having Equivalent Effect to Quantitative Restrictions (2010). Columbia Journal of European Law, Vol. 16, No. 2, 2010, Available at SSRN: https://ssrn.com/abstract=2085272

Mattias Derlén

Department of Law, Umeå University ( email )

Samhallsvetarhuset, Plan 2
Umea University
Umeå, SE 901 87
Sweden

Johan Lindholm (Contact Author)

Umeå University ( email )

Umeå University
Department of Law
Umeå, Umeå 901 87
Sweden
+46907865603 (Phone)

HOME PAGE: http://https://www.umu.se/en/staff/johan-lindholm/

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