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Staff Publications

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    'Staff publications' is the digital repository of Wageningen University & Research

    'Staff publications' contains references to publications authored by Wageningen University staff from 1976 onward.

    Publications authored by the staff of the Research Institutes are available from 1995 onwards.

    Full text documents are added when available. The database is updated daily and currently holds about 240,000 items, of which 72,000 in open access.

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Record number 549802
Title Keck is dead, long live Keck? : How the court of justice tries to avoid a Sunday Trading Saga 2.0
Author(s) Purnhagen, K.
Source In: The Internal Market and the Future of European Integration / Amtenbrink, Fabian, Davies, Gareth, Kochenov, Dimitry, Lindeboom, Justin, Cambridge University Press - ISBN 9781108474412 - p. 176 - 187.
Department(s) Law and Governance
Publication type Peer reviewed book chapter
Publication year 2019
Abstract In this piece I will unfold how the CJEU, on the one hand, has diminished the importance of the Keck. In this sense, Keck is dead! I will also carefully endorse the recently formulated thesis that after the “Use” cases on the interpretation of the free movement of goods “Keck survives, albeit inelegantly and ignobly”. In this sense, long live Keck! I will show, however, that the Court goes beyond a mere reset to the Sunday trading saga topped up with Keck, but rather advances its approach also at the level of the proportionality test by increasingly regulating the standard of review the Court demands from Member State authorities and national Courts in applying the proportionality principle
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