The free movement of goods

The free movement of goods is one of the most important principles of the European Court (EC). The principle of the free movement of goods is upheld by Art. 28, 29 and 30 EC-Treaty. Measures having equivalent effect under Art. 28 and 29 EC-Treaty are usually administrative measures taken by a Member State which, like quotas, are capable of restricting the free movement of goods, such as standards on size, quality or weight, inspection requirements or certification requirements. Within the measures having equivalent effect, one has to distinguish two categories: distinctly and indistinctly applicable measures having equivalent effect. This is relevant when it comes to deciding whether a justification of a restriction of the free movement of goods is possible. In case indistinctly applicable measures having equivalent effect apply to national legislation of a Member State concerning the pricing of goods, the criterion of the KECK case becomes relevant.