European Business Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Chapter 1: Scope of application
Chapter 2: Prohibition of measures having equivalent effect
Section 1: General principles of law
Section 2: Abuse of law theory
II: Overriding requirements
Section 4: Legal exceptions
Chapter 4: Prohibition of charges having equivalent effect
Chapter 5: Prohibition of discriminatory internal taxation
Chapter 6: Reimbursement of improperly levied charges
Chapter 7: Adjustment of State monopolies of a commercial character
Title 2: Free movement of persons and services
Title 3: Free movement of capital
Part 2: Completion of the internal market
40. Indistinctly applicable measures
1 minute de lecture
For restrictive agreements in the field of competition law, the European Court has developed a system of interpretation favorable to certain restrictive measures to the free movement of goods. This rule of reason means that unilateral measures adopted by the Member States only under Article 34 may be assessed favorably (without having to apply the exceptions set out in Article 36), where the restr …