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Free Movement of Goods and Their Use – What Is the Use of It?

What does a Distributer do? While Distributers are invisible to most consumers their role is to bridge the geographical gap between producer and retailer. Supermarkets and department stores couldn't exist without a complicated distribution system, capable of moving enormous amounts of product from point A – the producer to point C – the consumer. Distributors add significantly to the cost of the products we buy but they deliver a valuable service in providing access to the marketplace so producers can focus their energies on manufacturing the product. Distributers transport goods to their warehouses for storage, and then. | Fordham International Law Journal Volume 33 Issue 6 2011 Article 1 Free Movement of Goods and Their Use -What Is the Use of It Laurence W. Gormley Copyright @2011 by the authors. Fordham International Law Journal is produced by The Berkeley Electronic Press bepress . http ir.lawnet.fordham.edu ilj Free Movement of Goods and Their Use -What Is the Use of It Laurence W. Gormley Abstract Shortly before the disappearance of the European Community the European Court of Justice ECJ handed down three judgments on the free movement of goods relating to the use to which goods are put. They are remarkable because they put an end to a serious controversy about the scope of what is now article 34 of the Treaty on the Functioning of the European Union TFEU article 28 of the Treaty Establishing the European Community EC Treaty which saw a considerable divergence in approach between the Advocates General concerned in these cases. The judgments also surely herald an end to attempts to expand the ambit of the now notorious judgment in Criminal Proceedings against Keck Mithouard. These cases and their wider implications for the future scope of article 34 TFEU article 28 EC Treaty are the subject of this Article. The Article first examines and contrasts the approach of the Advocates General in each case chronologically and then the judgments in the order handed down before turning to draw conclusions for the state of the law relating to the future application of the judgment in Keck. ARTICLES FREE MOVEMENT OF GOODS AND THEIR USE WHAT IS THE USE OF IT Laurence W. Gormley INTRODUCTION Gordon Slynn Lord Slynn of Hadley was an outstanding Advocate General and thenjudge at the Court of Justice of the European Communities as it then was 1 more usually referred to if inaccurately as the European Court ofJustice ECJ and was later a distinguished member of the Judicial Committee of the House of Lords. His passing has rightly been widely lamented in legal and other circles 2 and it is with .