Indistinctly applicable measures definition

Published by a LexisNexis EU Law expert

What does Indistinctly applicable measures mean?

Indistinctly applicable measures refer to national trading rules which apply to imports and domestic goods equally in law, but might discriminate against the imports in practice.

The measures introduced by the Member States, although not discriminatory in law, can have discriminatory effect on imported goods in practice. The CJEU defines such measures as measures having equivalent effect to quantitative restriction which are prohibited under EU law (Article 34 TFEU). The Court considers measures indistinctly applicable, depending on the interference of the measure adopted with the sale of goods. Indistinctly applicable rules and practices can emerge in different forms including rules on packaging or presentation, restriction on advertising, sales promotion or rules limiting sales outlet. Such measures can be justified on proportionate public-interest grounds.

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