What is the significance of the Keck and Mithouard case?

In the case of Keck and Mithouard, 1993, the French law had prohibited selling goods at a price lower than the actual purchase price. Its purpose was to prevent ‘predatory pricing’, in the interest of free trade within the internal market.

What is the Keck exception?

The Keck decision states essentially that if provisions regarding selling arrangements “affect in the same manner, in law or in fact, the marketing of domestic products and those of other Member States”21, then these should not be caught by Article 34.

What is the significance of the Keck case?

The Keck case concerned traders selling goods at a loss which contravened French law. The traders argued that this prohibition restricted a method of sale promotion and so was a MEQR.

What did the court decide in Keck?

The Court found that “selling arrangements” did not constitute a measure having equivalent effect to a quantitative restriction on trade between Member States of the European Community, as it was then. As a result, the ‘discrimination test’ was introduced to identify such selling arrangements.

Why was C-267 and C-268 / 91 Keck V Mithouard important?

Therefore, C-267 and C-268/91 Keck v Mithouard [1993] ECR I-6097 was an opportunity to narrow the scope of the Dassonville formula. Firstly, French law prohibited the resale of goods in their original state at prices lower than their actual purchase price. This is known as predatory pricing.

What was the judgment of the court C-267 / 91?

# Joined cases C-267/91 and C-268/91. Judgment of the Court of 24 November 1993. Criminal proceedings against Bernard Keck and Daniel Mithouard. References for a preliminary ruling: Tribunal de grande instance de Strasbourg – France. Free movement of goods – Prohibition of resale at a loss. Joined cases C-267/91 and C-268/91.

When did Bernard Keck and Daniel Mithouard go to court?

24 November 1993 * In Joined Cases C-267/91 and C-268/91, REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunal de Grande Instance (Regional Court), Strasbourg (France), for a preliminary ruling in the criminal proceedings pending before that court against Bernard Keck and Daniel Mithouard,

What was the ECJ’s judgment in the Keck case?

Then, the ECJ’s judgment in Keck will be analysed followed by a discussion on the problems faced by the courts with application of the Keck formulas. The essay will conclude with the discussion of the alternative tests proposed by the Advocates General and the academic writers.