Judgment_paragraph 21 · Ruth Hünermund and others v Landesapothekerkammer Baden-Württemberg (C-292/92)

21The application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between Member States within the meaning of the Dassotiville judgment (cited above), so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States. Provided that those conditions are fulfilled, the application of such rules to the sale of products from another Member State meeting the requirements laid down by that State is not by nature such as to prevent their access to the market or to impede access any more than it impedes the access of domestic products. Such rules therefore fall outside the scope of Article 30 of the Treaty (Joined Cases C-267 and C-268/91 Keck and Mithonard [1993] ECR I-6097, paragraphs 16 and 17).

Ruth Hünermund and others v Landesapothekerkammer Baden-Württemberg (C-292/92)

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