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Q5) What role has the Court of Justice of the EU played in dealing with trade barriers?
See section 20.3
- Through ‘judicial activism’ the CJEU has played a significant role in addressing non-tariff barriers to trade.
- Firms that encountered restrictions on cross-border operations sought redress through the Courts.
- Two particularly important rulings:
- (1) Dassonville case 1974: all national trading rules that undermined trade were rendered inadmissible.
- (2) Cassis de Dijon 1979: introduced the concept of mutual recognition (which became the alternative to harmonization).