MEQRs relate to the goods themselves (size, shape, labelling, ingredients etc)
Mere 'selling arrangements
' are not MEQRs
within Dassonville definition because they are not intended to regulate intra-EU trade at all.
1) A rule that applies only to imported products will be an MEQR.
2) A rule that relates to the way in which the product is sold is prima facie a selling arrangement.
- 3) A rule that puts imported products at a disadvantage compared to domestic
- products will be an MEQR, even if it otherwise falls within the definition of a selling arrangement.
'Selling arangements' are rules which regulate the way products are sold. Examples are advertising and rules on shop opening times. The court held in Keck that these are not generally restrictions on imports, as long as they do not have a greater effect on imports than on domestic products.
States may therefore regulate selling arrangements however they like, so long as the effect on imports and domestic products is the same.