Purely Internal Situations, Reverse Discrimination, Guimont, Dzodzi and Article 234

摘要: Over the years ECJ has consistently held that five freedoms do not apply in "purely internal situations", is, situations where all facts are confined within one Member State and there is no "cross-border element" therefore connection with EC law. This led to what known as "reverse discrimination". Reverse discrimination arises when nationals/products of a disadvantaged because they subject national measure, while foreign (EU) protected from measure by virtue In Guimont judgment 2000, ruled it will reply preliminary questions about purely "might be useful" court "if" its law were prohibit reverse discrimination. The purpose this paper show (a) principle (i) misguided (ii) unnecessary, overlaps Dzodzi principle; (b) necessary evil.