Keck is dead, long live Keck?: How the court of justice tries to avoid a Sunday Trading Saga 2.0

K. Purnhagen

doi:10.1017/9781108565417.013

Keck is dead, long live Keck? How the court of justice tries to avoid a Sunday Trading Saga 2.0

K. Purnhagen

Research output: Chapter in Book/Report/Conference proceeding › Chapter › Academic › peer-review

2 Citations (Scopus)

Abstract

In this piece I will unfold how the CJEU, on the one hand, has diminished the importance of the Keck. In this sense, Keck is dead! I will also carefully endorse the recently formulated thesis that after the “Use” cases on the interpretation of the free movement of goods “Keck survives, albeit inelegantly and ignobly”. In this sense, long live Keck! I will show, however, that the Court goes beyond a mere reset to the Sunday trading saga topped up with Keck, but rather advances its approach also at the level of the proportionality test by increasingly regulating the standard of review the Court demands from Member State authorities and national Courts in applying the proportionality principle

Original language	English
Title of host publication	The Internal Market and the Future of European Integration
Subtitle of host publication	Essays in Honour of Laurence W. Gormley
Editors	Fabian Amtenbrink, Gareth Davies, Dimitry Kochenov, Justin Lindeboom
Publisher	Cambridge University Press
Pages	176-187
ISBN (Electronic)	9781108565417
ISBN (Print)	9781108474412
DOIs	https://doi.org/10.1017/9781108565417.013
Publication status	Published - 2019

Access to Document

10.1017/9781108565417.013

Cite this

@inbook{b4dd8331ef9a43109fb4df45a0fa6b1d,

title = "Keck is dead, long live Keck?: How the court of justice tries to avoid a Sunday Trading Saga 2.0",

abstract = "In this piece I will unfold how the CJEU, on the one hand, has diminished the importance of the Keck. In this sense, Keck is dead! I will also carefully endorse the recently formulated thesis that after the “Use” cases on the interpretation of the free movement of goods “Keck survives, albeit inelegantly and ignobly”. In this sense, long live Keck! I will show, however, that the Court goes beyond a mere reset to the Sunday trading saga topped up with Keck, but rather advances its approach also at the level of the proportionality test by increasingly regulating the standard of review the Court demands from Member State authorities and national Courts in applying the proportionality principle",

author = "K. Purnhagen",

year = "2019",

doi = "10.1017/9781108565417.013",

language = "English",

isbn = "9781108474412",

pages = "176--187",

editor = "Fabian Amtenbrink and Gareth Davies and Dimitry Kochenov and Justin Lindeboom",

booktitle = "The Internal Market and the Future of European Integration",

publisher = "Cambridge University Press",

address = "United Kingdom",

}

Keck is dead, long live Keck? How the court of justice tries to avoid a Sunday Trading Saga 2.0. / Purnhagen, K.
The Internal Market and the Future of European Integration: Essays in Honour of Laurence W. Gormley. ed. / Fabian Amtenbrink; Gareth Davies; Dimitry Kochenov; Justin Lindeboom. Cambridge University Press, 2019. p. 176-187.

Research output: Chapter in Book/Report/Conference proceeding › Chapter › Academic › peer-review

TY - CHAP

T1 - Keck is dead, long live Keck?

T2 - How the court of justice tries to avoid a Sunday Trading Saga 2.0

AU - Purnhagen, K.

PY - 2019

Y1 - 2019

N2 - In this piece I will unfold how the CJEU, on the one hand, has diminished the importance of the Keck. In this sense, Keck is dead! I will also carefully endorse the recently formulated thesis that after the “Use” cases on the interpretation of the free movement of goods “Keck survives, albeit inelegantly and ignobly”. In this sense, long live Keck! I will show, however, that the Court goes beyond a mere reset to the Sunday trading saga topped up with Keck, but rather advances its approach also at the level of the proportionality test by increasingly regulating the standard of review the Court demands from Member State authorities and national Courts in applying the proportionality principle

AB - In this piece I will unfold how the CJEU, on the one hand, has diminished the importance of the Keck. In this sense, Keck is dead! I will also carefully endorse the recently formulated thesis that after the “Use” cases on the interpretation of the free movement of goods “Keck survives, albeit inelegantly and ignobly”. In this sense, long live Keck! I will show, however, that the Court goes beyond a mere reset to the Sunday trading saga topped up with Keck, but rather advances its approach also at the level of the proportionality test by increasingly regulating the standard of review the Court demands from Member State authorities and national Courts in applying the proportionality principle

U2 - 10.1017/9781108565417.013

DO - 10.1017/9781108565417.013

M3 - Chapter

SN - 9781108474412

SP - 176

EP - 187

BT - The Internal Market and the Future of European Integration

A2 - Amtenbrink, Fabian

A2 - Davies, Gareth

A2 - Kochenov, Dimitry

A2 - Lindeboom, Justin

PB - Cambridge University Press

ER -

Keck is dead, long live Keck? How the court of justice tries to avoid a Sunday Trading Saga 2.0

Abstract

Access to Document

Fingerprint

Cite this