In relation to quantitative restrictions, Article 3 of the 1970 Directive 70/50 foreshadowed the development of the concept of ‘indistinctly applicable measures’, and the jurisprudence related to that concept—especially Dassonville [1974] and Cassis de Dijon [1978]. In Cassis de Dijon the ECJ drew a distinction between measures in breach of Article 28 TEC (now 34 TFEU) which were indistinctly applicable as opposed to distinctly applicable. Review the ECJ case law surrounding Articles 34-37 TFEU analysing, in particular, the development of the ‘indistinctly applicable rules’. Critically discuss the way the ECJ has developed and applied these rules in facilitating the free movement of goods in this regard.
