ABSTRACT
Distinctly applicable measures are those which make a distinction between imported and domestic products in such a way that they “hinder imports which could otherwise take place, including measures which make importation more difficult or costly than disposal of domestic goods” (Article 2(1) of the Directive);
Indistinctly applicable measures are those which apply to imported and domestic products alike, but their restrictive effect on the free movement of goods “exceeds the effect intrinsic to trade rules”, that is, they in fact hinder intra-Community trade (Article 3 of the Directive).
