Trade and Environment in the EC and the WTO: A Legal AnalysisThis study describes and compares the rules of the European Community and the World Trade Organization on the liberalization of trade in goods and measures taken by members of these organizations for the protection of the environment. |
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Page 311
6.1.2 Recognition and Market Access The consequence of the obstacles test in the EC as laid down by the Court of Justice in its Cassis de Dijon case - law is that products lawfully marketed or produced in one Member State must be ...
6.1.2 Recognition and Market Access The consequence of the obstacles test in the EC as laid down by the Court of Justice in its Cassis de Dijon case - law is that products lawfully marketed or produced in one Member State must be ...
Page 385
IN THE EC marketed in a Member State in order to do so ? It is recalled that in Cassis de Dijon , the Court said that under Article 28 , absent mandatory requirements , there is no valid reason why products should not be introduced into ...
IN THE EC marketed in a Member State in order to do so ? It is recalled that in Cassis de Dijon , the Court said that under Article 28 , absent mandatory requirements , there is no valid reason why products should not be introduced into ...
Page 386
28 can be invoked directly , without the good actually having been marketed in another Member State . The present author submits that considering the fact that Article 28 EC , as interpreted in Dassonville , also covers potential trade ...
28 can be invoked directly , without the good actually having been marketed in another Member State . The present author submits that considering the fact that Article 28 EC , as interpreted in Dassonville , also covers potential trade ...
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accepted According added addressed Agreement animal appears Appellate Body applied appropriate argued Article 28 Article 30 Article III:4 Article XX assessment basis chapeau Commission Community concerning considered contains context countries Court covered Directive discrimination discussed domestic products economic effect environment environmental environmental protection equivalent established European exceptions export free movement GATT harmonisation imported imported products interests interpretation issue Italy justification legislation limited mandatory requirements means measures Member national measures nature necessary noted objective obligations obstacles origin panel para paragraph paras parties possible PPMs principle prohibition proportionality protection provisions pursue question reasonably referred regard regulations regulatory relevant requirements respect restrictions result risk rules scope specific SPS Agreement standards suggested taken TBT Agreement technical tion trade treatment Treaty unilateral violation
References to this book
New Environmental Policy Instruments in the European Union: Politics ... Ian Bailey No preview available - 2003 |
Europe and the Environment: Legal Essays in Honour of Ludwig Krämer Marco Onida Limited preview - 2005 |