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
Date Written: March 10, 2018
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
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