A freedom reborn? The new yet unclear scope of Article 29 EC

Abstract: The Court of Justice has, in recent years, progressively remodelled the scope of Art.29 EC, both in terms of the extent of the prohibition set out by that provision and its application to purely internal situations. However, the Court has failed to provide any principled and logical explanation for what has prompted such changes, with the result that it is unclear how far the scope of Art.29 EC now extends. Moreover, the question of whether Art.29 EC and the free movement of goods provisions more generally are capable of imposing restrictions on the conduct of private individuals still remains unanswered. National courts, faced with the task of
applying Art.29 EC, will therefore have to seek further guidance from the Court and it is hoped that if and when this occurs, the Court will be willing to provide clarity on these fundamental issues.

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