|Author (Person)||Dougan, Michael|
|Publisher||Kluwer Law International|
|Series Title||Common Market Law Review|
|Series Details||Volume 40, Number 1, Pages 193-218|
|Publication Date||February 2003|
|Content Type||Journal Article|
Directive 83/189 has been lauded as a significant contribution to effective market management within the European Union. It supplements protection of the free movement of goods based on the haphazard system of ex post control by the Commission and individual traders under Articles 28–30 EC, with an additional and more systematic regime of ex ante control by means of the imposition upon Member States of notification (Art. 8) and standstill (Art. 9) obligations.
The Court’s case law on the legal effects of non-compliance with Directive 83/189 has not entirely endeared itself to academic opinion, and the judgments in Canal Satelite Digital and Sapod Audic help illustrate why. But the latter decision also suggests that the Court is becoming more sensitive to the legitimate concerns raised against its recent jurisprudence – even if the solution currently on offer remains far from convincing.
|Subject Categories||Internal Markets, Law|
|Subject Tags||EU Four Freedoms|
|Keywords||CJEU Judgements, Free Movement of Goods
|International Organisations||European Union [EU]|