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The Role of the Union Courts in Preventing Technical Barriers to Trade within the Internal Market

From the origins of the now internal market and the continued efforts of the Commission to achieve an effective, fully integrated, competitive market free from barriers to trade. The ECJ has been omnipresent. Driving change through progressive approaches to the protection of the internal market in cases such as Cassis de Dijon, CIA and others cited through this piece. It is clear that the impact the ECJ has had in supporting the Union objectives has been significant and as such has acted as facilitator for the progressive legislative program in the field. The fact that the Union has legislated so heavily in this area, since 1983 we have had seven substantial pieces of secondary Union legislation75 and an entire body of case-law from the ECJ involving their interpretation and enforcement signals that the Court is likely to continue to adapt its case law and approach in such a way so as to give maximum strength to Union measures.