The Court of Justice in the archives project : analysis of the Dassonville case (8/74)

Abstract

This working paper is part of the CJEU in the Archive project. In 1974 the Court of Justice of the European Union (CJEU) stated that measures having an effect equivalent to quantitative restrictions were prohibited. The famous Dassonville formula is known and repeated by judges and students alike. The release by the CJEU of the dossier de procédure provides however a new take on the story that led to one of its most notable decisions. In this case study the main findings are, first, the discovery of new arguments, sources and evidence that offers valuable insights into the parties’ interests and goals. Behind the formula, technical and personal arguments are hidden. Second, the dossier puts the Dassonville case back in its context. This context reveals how the definition of measure having equivalent effect to quantitative restrictions was an ongoing subject in all the institutions of European Economic Community. The dossier thus extends understanding of the Dassonville case and sheds light on the circumstances that led to the famous formula that was elaborated therein.