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A Case moving at the Frontiers of Market Access, Freedom of Goods, the Common Agricultural Policy and Science in Court : Reflections on Scotch Whisky Association

Title data

Purnhagen, Kai ; Schebesta, Hanna:
A Case moving at the Frontiers of Market Access, Freedom of Goods, the Common Agricultural Policy and Science in Court : Reflections on Scotch Whisky Association.
In: European Law Review. Vol. 42 (2017) . - pp. 420-433.
ISSN 0307-5400

Abstract in another language

In Scotch Whisky Association, the Court of Justice held that a minimum unit pricing mechanism on alcoholic drinks constituted a measure equivalent to a quantitative restriction under Art. 34 TFEU, because it prevents the lower cost price of imported products being reflected in the selling price to the consumer, and therefore hinders market access. Both, the Advocate General and the Court, used this judgment to introduce some remarkable insights particularly on the future of the market access formula, the relationship of the Common Agricultural Policy to the freedom of goods and how national courts need to make recourse to scientific evidence when applying the proportionality test.

Further data

Item Type: Article in a journal
Refereed: Yes
Institutions of the University: Faculties > Faculty of Law, Business and Economics
Faculties > Faculty of Law, Business and Economics > Department of Law
Faculties > Faculty of Life Sciences: Food, Nutrition and Health > Chair Food Law > Chair Food Law - Univ.-Prof. Dr. Kai Purnhagen
Profile Fields > Emerging Fields > Innovation and Consumer Protection
Profile Fields > Emerging Fields > Food and Health Sciences
Research Institutions > Research Units > Forschungsstelle für Deutsches und Europäisches Lebensmittelrecht
Result of work at the UBT: No
DDC Subjects: 300 Social sciences > 340 Law
Date Deposited: 22 Nov 2021 12:18
Last Modified: 22 Nov 2021 12:18
URI: https://eref.uni-bayreuth.de/id/eprint/67958