The free movement of goods is one of the foundational freedoms of the EU internal market. It aims to eliminate barriers to trade between Member States, ensuring that products can circulate as freely as they would within a single country. Although the UK has left the the EU, the principles remain central to understanding EU law, UK-EU trade relations, and the broader logic of market integration.
This guide breaks down the core concepts, leading cases, and practical implications in a way that is accessible for students, researchers, and anyone navigating EU law.
What counts as a “Good”?
The Court of Justice defines goods as products that can be valued in money and are capable of forming the subject of commercial transactions.
This broad definition ensures that almost anything capable of being traded falls within the scope of Article 34-36 TFEU. https://eur-lex.europa.eu/eli/treaty/tfeu_2016/art_36/oj/eng
The Legal Framework: Articles 34-36 TFEU
Article 34 TFEU – Quantitative Restrictions and MEQRs
- Prohibits quantitative restricts (QRs) on imports
- Prohibits measures having equivalent effect (MEQRs)
Article 25 TFEU – Export Restrictions
- Mirrors Article 34 but applies to exports
Article 36 – Justifications
Allows restrictions on grounds such as:
- Public morality
- Public policy
- Public security
- Protection of health and life
- Protection of national treausures
- Protection of industrial and commercial property
These derogations are interpreted strictly and must comply with proportionality.
Dassonville and the Birth of the MEQR
The Dassonville formula remains one of the most cited definitions in EU law. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:61974CJ0008
“All trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade.”
This extremely broad test meant that almost any national rule could fall within Article 34.
Cassis de Dijon: Mutual Recognition and Mandatory Requirements
Cassis de Dijon transformed the landscape by introducing two key principles: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A61978CJ0120
Mutual Recognition
If a product is lawfully marketed in one Member State, it should generally be allowed in all others.
Mandatory Requirements (Rule of Reason)
Non-discriminatory measures may be justified on grounds such as:
- Consumer protection
- Fairness of commercial transactions
- Public health
- Environmental protection
This opened the door to balancing trade with legitimate regulatory aims.
Keck and the Attempt to Limit Article 34
The Court later tried to narrow the scope of Article 34 in Keck, distinguishing between: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:61991CJ0267
Product Requirements
(e.g., composition, packaging, labelling) -> Always fall under Article 34
Selling Arrangements
(e.g., shop opening hours, advertising rules) -> Outside Article 34 if they apply equally in law and fact to domestic and imported goods.
Keck was meant to reduce litigation but created its own complexities.
The Modern Approach: Market Access
Recent case law (e.g., Commission v. Italy (Trailers), Mickelsson and Roos) has shifted toward a market access test:
Does the national measure hinder access of imported goods to the market?
This approach is more flexible and better reflects the realities of trade.
Why the Free Movement of Goods Still Matters Post-Brexit
Even though the UK is no longer an EU Member State:
- UK businesses exporting to the EU must comply with EU product rules
- The Northern Ireland Protocol aligns NI with parts of the EU goods regime https://commonslibrary.parliament.uk/research-briefings/cbp-9548/
- EU internal market law remains influential in UK academia, judicial, and regulatory contexts
For students and practitioners, understanding these principles is essential.
Key Cases at a Glance
| Case | Principle |
| Dassonville | Broad definition of MEQRs |
| Cassis de Dijon | Mutual Recognition + mandatory requirements |
| Keck | Selling arrangements distinction |
| Trailers | Market access test |
| Mickelsson and Ross | Use restrictions as barriers |
Conclusion
The free movement of goods is a dynamic area of EU law that continues to evolve. From the sweeping breadth of Dassonville to the more nuanced market-access approach, the Court has sought to balance trade liberalization with legitimate national interests. For anyone studying EU law or working in cross-border trade, these principles remain indispensable.
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