C-8/74, Dassonville [1974]

1. Facts

• Situation: A shop in Belgium wanted to sell Scottish whiskey but needed a certificate of authenticity from the producer.

• Difficulty: Obtaining this certificate was both difficult and costly.

• Comparison: France had looser rules and allowed the sale of any alcohol as authentic without such certification.

• Legal Action: Dassonville was prosecuted for purchasing alcohol from France and selling it in Belgium.

2. Outcome

• Dassonville Formula: The case established the principle that "all trading rules…capable of hindering, directly or indirectly, actually or potentially, intra-[Union] trade" are considered Measures Having an Equivalent Effect to Quantitative Restrictions (MEQRs).

• Violation: Such measures are deemed a violation of Article 34 TFEU.

3. Impact and Analysis

• Broad Interpretation: The ruling extends beyond mere discrimination to include any measure that could hinder trade, whether the effects are actual or potential.

• Rules versus Measures: The case signifies a shift from focusing solely on specific measures to a broader interpretation encompassing both legally binding and non-legally binding rules.

Related Cases

• Familiapress 1997 and Bluhme 1998: In these cases, the term "trading" in the phrase "all trading rules" is often omitted in practice, reflecting a broader application of the Dassonville formula.