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Cardozo Journal of International and Comparative Law

Abstract

Right now, somewhere on the territory of a Member State of the European Community, a lorry carrying strawberries from another EC country is attacked by a group of masked men, who force the conductor off the road and render tons of strawberries unusable. Is it an ordinary criminal act to be treated within national criminal law or an invocation of the free movement of goods guaranteed by EC law? Not long ago, the European Court of Justice (ECJ) ruled in a landmark judgment that the free movement of goods requires the Member States to act against such private conduct that creates obstacles to intra-Community trade. The purpose of this article is to examine the progressive development of the law on the free movement of goods within an EC-wide market and to determine the outer boundaries of this area of Community law.

Disciplines

Comparative and Foreign Law | International Trade Law | Law

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