C-67/97, Bluhme [1998]

C-67/97, Bluhme [1998]
Photo by Mike Erskine / Unsplash

1. Facts

• Issue: Denmark imposed a ban on keeping certain species of bees, despite these species representing less than 1% of Danish territory.

2. Outcome

• Legal Classification: The ban was found to fall under Article 34 TFEU.

• De Minimis Rule: The Court refused to apply the de minimis rule, which would have excluded measures with minimal impact on trade.

3. Impact and Analysis

• AG Jacobs in Schmidberger v Austria: Advocate General Jacobs noted that the remoteness test in Peralta effectively functions as a de minimis rule in disguise.

• Peralta 1994: This case demonstrated that Article 34 TFEU might not apply if the potential restriction on trade is deemed "too uncertain and indirect," reflecting a rule of remoteness.