Abipusio pripažinimo principo taikymo problemos laisvo prekių judėjimo plotmėje

Abstract

According to the mutual recognition principe, which has been established in the famous Cassis de Dijon case, a Member State cannot, in principle, prohibit the sale on its territory of goods which are lawfully produced and marketed in another Member State, even if those goods are produced to technical or qualitative descriptions that differ from those required of its own goods. The principle of mutual recognition plays an important part in the functioning of the internal market. Thanks to it, the free movement of products is possible in the absence of any Community harmonising legislation. The only exception to this principle are restrictions laid down by the Member State of destination, provided that these are justified on the grounds described in Article 30 of the EC Treaty, or on the basis of overriding requirements of general public importance recognised by the Court of Justice's case law. Unfortunately, the application of this principle contains particular problems.