Keck is Dead, Long Live Keck? – How the CJEU Tries to Avoid a Sunday Trading Saga 2.0

Wageningen Working Papers in Law and Governance 1/2018

16 Pages Posted: 13 Mar 2018

See all articles by Kai P. Purnhagen

Kai P. Purnhagen

Wageningen University; Erasmus University of Rotterdam - Rotterdam Institute of Law and Economics

Date Written: March 10, 2018

Abstract

In this piece I will unfold how the CJEU, on the one hand, has diminished the importance of the Keck. In this sense, Keck is dead! I will also carefully endorse the recently formulated thesis that after the “Use” cases on the interpretation of the free movement of goods “Keck survives, albeit inelegantly and ignobly”. In this sense, long live Keck! I will show, however, that the Court goes beyond a mere reset to the Sunday trading saga topped up with Keck, but rather advances its approach also at the level of the proportionality test by increasingly regulating the standard of review the Court demands from Member State authorities and national Courts in applying the proportionality principle.

Keywords: EU law, Free Movement of Goods, Consumer Law, Keck

Suggested Citation

Purnhagen, Kai Peter, Keck is Dead, Long Live Keck? – How the CJEU Tries to Avoid a Sunday Trading Saga 2.0 (March 10, 2018). Wageningen Working Papers in Law and Governance 1/2018. Available at SSRN: https://ssrn.com/abstract=3137920

Kai Peter Purnhagen (Contact Author)

Wageningen University ( email )

Hollandseweg 1
Wageningen, 6706KN
Netherlands

Erasmus University of Rotterdam - Rotterdam Institute of Law and Economics ( email )

Burgemeester Oudlaan 50
PO box 1738
Rotterdam, 3000 DR
Netherlands

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