Comercial Jurcdiction and Its Influence on Precedents

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Commercial Jurisdiction and its Influence on Precedents

1. Introduction

“Cassis de Dijon” is one of the most significant cases from historical reference, which laid out jusidictional precedent about commercial jurisdiction. This case has been used as an example for courts to reference every since.

Cassis de Dijon is a French liquor manufactured from black currants. Cassis contains 15%-20% alcohol and the German standards prescribed 25%. For the Germans, the percentage of alcohol became a problem as it wasn’t their standards.

This case has been very important and has been used as precedent in similar cases that have taken place in the future. Similar cases will be mentioned as well as the concequences and the principles that the case created.

At last, but not least, the paper will speak about how this case influenced all the Inter-European Union trade. It allowed The European Court of Justice to clarify all the jurisdiction influencing the freedom to move goods across borders without any restrictions.

2. Cassis de Dijon

In the "Cassis de Dijon" case, the European Court of Justice struck down a German import prohibition. The prohibition disallowed the import, sale and/or marketing of liquors in Germany that didn't meet minimum German alcohol standards of 25%. The ruling gave the European Commission an opportunity to develop the principle of "mutual recognition."

2.1 The Case

In February 1979, the European Court of Justice struck down a German prohibition on imports from other European Union (EU) countries. The prohibition banned the importation of alcoholic beverages that did not meet minimum alcohol content requirements. The case involved Cassis de Dijon, a French liquor manufactured from black currants. Cassis contains 15%-20% alcohol and the German standards prescribed 25%. Rowe-Zentral AG, a…...

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