This Note examines the Court's current construction of article 95. This construction involves a fairly strict and straightforward application of article 95's broad prohibition upon discriminatory internal taxation by one member state against imports from another member state. The Court has also created an exception to this broad prohibition. This Note will define this exception in the context of cases reaching the Court by both procedural routes.
Ian G. Brownlee,
Keeping Up The Nation's Spirits: An Exception to the Broad Prohibition of Article 95 of the Treaty of Rome,
8 Fordham Int'l L.J. 117
Available at: http://ir.lawnet.fordham.edu/ilj/vol8/iss1/5