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Abstract

This Article discusses the historic course of recent events insofar as it first describes the Maglite decision of the European Free Trade Association Court. Second, it summarizes the opinion of the Advocate General and the judgment of the Court of Justice of the European Com- munities in the Silhouette case. Part III focuses on the development of the law in the European Union ("EU") and European Economic Area ("EEA") Member States, as well as in the EU and in the EEA before Silhouette and Maglite. In Part IV, comments are made with regard to the reasons given in Maglite and Silhouette. Finally, some conclusions are drawn concerning the consequences of the new case law on international trade and possible further developments in European Community (“EC” or “Community”) law.

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