Restrictions and Proportionality : On Recognising (exit) Restrictions and Testing Proportionality
Publication: Research - peer-review › Journal article
The article discusses three central aspects of the freedoms under European Community law, namely 1) the prohibition against restrictions as an important extension of the prohibition against discrimination, 2) a prohibition against exit restrictions which is just as important as the prohibition against host country restrictions, but which is often not recognised to the same extent by national law, and 3) the importance of also identifying and recognising an exit restriction, so that it is possible to achieve the required test of appropriateness and proportionality in relation to the rule of reason.
|Journal||European Business Law Review|
- restriction, proportionality, exit restriction, export trafficing, national traffic violation, Gebhardt criterion, discrimination