- Belgian law required Scotch whisky to have a certificate of origin in order to be sold
- Dassonville purchased Scotch whisky in France, to sell on in Belgium
- He forged certificates of origin in order to satisfy Belgian law
- Was the Belgian law incompatible with EU law and more specifically art 34 TFEU, which prohibits quantitative restrictions on imports and all measures having equivalent effect between Member buy xanax over the counter States?
- The Court of Justice defined a ‘measure having equivalent effect’ as:
“All trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to be considered as measures having an effect equivalent to quantitative restrictions”
- As it would be more difficult for a seller such as Dassonville to sell Scotch Whisky in Belgium than in France (he would have to adapt his whisky at additional cost in order to sell it in Belgium), the Belgian law was a measure of equivalent effect and must be prohibited