Shortly before the disappearance of the European Community, the European Court of Justice ("ECJ") handed down three judgments on the free movement of goods relating to the use to which goods are put. They are remarkable because they put an end to a serious controversy about the scope of what is now article 34 of the Treaty on the Functioning of the European Union ("TFEU") (article 28 of the Treaty Establishing the European Community ("EC Treaty")), which saw a considerable divergence in approach between the Advocates General concerned in these cases. The judgments also surely herald an end to attempts to expand the ambit of the now notorious judgment in Criminal Proceedings against Keck & Mithouard. These cases and their wider implications for the future scope of article 34 TFEU (article 28 EC Treaty) are the subject of this Article. The Article first examines and contrasts the approach of the Advocates General in each case chronologically and then the judgments in the order handed down, before turning to draw conclusions for the state of the law relating to the future application of the judgment in Keck.
Laurence W. Gormley,
Free Movement of Goods and Their Use -- What Is the Use of It?,
33 Fordham Int'l L.J. 1589
Available at: https://ir.lawnet.fordham.edu/ilj/vol33/iss6/1