|
Publishers Abstract:
In the seminal judgment Cassis de Dijon, the Court of Justice of the EU held that German authorities could not restrict the marketing of "lawfully produced and marketed" blackcurrant liquor from France if there was "no valid reason" for doing so." The judgment introduced the principle of mutual recognition, or, as it has also been known, functional equivalence,2 according to which goods that have been "lawfully manufactured and marketed" in one Member State are presumed to comply with the mandatory technical requirements of the importing Member State. This presumption can be rebutted if the Member State of import can demonstrate that the product in question does not in fact "suitably and satisfactorily" meet its public interest requirements. The Cassis de Dijon judgment has been praised not only for giving a strong impetus to the completion of the internal market through the removal of unnecessary obstacles to trade, but also for introducing a decentralized approach to the regulation of products within the internal market.
|
