EU Internal Market
of Goods are legal or not.
A 'market access rule' is constituted as a measure, which restricts or prevents the availability of a
particular imported product in a particular market. For example, a rule which targeted the size, shape,
labeling or packaging of a particular product would be a 'product requirement' and prohibited by the
ruling in Keck. However, a rule which had the effect of a general reduction in the sales of all products
would no longer contravene Article 28.
Extrinsic measures such as preventing goods being sold before 12 noon on Sundays, or limitations on
advertising are known as 'selling arrangements' and are not prohibited as long as they are not
discriminatory in law and in fact.
Article 36 Derogations
Article 36 allows for prohibitions on exports and imports which are justified on a number of specified
grounds, such as public health.
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