EU Internal Market
actually or potentially, intra-Union trade are to be considered as MEQR's."
This has become known as the 'Dassonville formula' and has been applied consistently by the Court of
Justice in subsequent cases.
Dassonville Limitations
1.A measure which is not capable of hindering trade between Member States, but only affects the flow of
trade within a Member State will not breach Article 34 TFEU. (See Quietlynn Ltd. v. Southend Borough
Council (case C-23/89) where a a licensing requirement for the sale of sex appliances was held not to
breach Article 34 TFEU.)
2.A measure which imposes a maximum price which goods can be sold for can be considered in breach of
Article 34, if the sale of the imported products becomes if not impossible, more difficult. (see Tasca case
(65/75) where the price of sugar in Italy had a maximum price so low that it made selling imported sugar
difficult.)
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