sec_1_2_13__para__3 — COMMISSION NOTICE – Guidance on the interpretation and application of Directive…

sec_1_2_13para3

COMMISSION NOTICE – Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market · European Union

The issue of when a national rule is capable of hindering intra-Union-trade has been dealt with extensively by the Court. Notably, in Keck (92) the Court held that national provisions restricting or prohibiting certain selling arrangements are not such as to hinder directly or indirectly, actually or potentially trade between Member States, so long as, first, those provisions apply to all relevant traders operating within the national territory and, secondly, they affect in the same manner, in law and in fact, the marketing of domestic products and those from other Member States (93). The Court includes in the list of selling arrangements, measures relating to the conditions and methods of marketing (94), measures which relate to the time of the sale of goods (95), measures which relate to the place of the sale of goods or restrictions regarding by whom goods may be sold (96) and measures which relate to price controls (97).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.