The Principle of Proportionality.

This is a must in all EU legal solutions.

The EU principle of proportionality is a general principle of law protecting against an overzealous or unjust application of EU law .

In marketing law, it is of particular importance in relation to the average consumer or an average trader.
According to this principle, a legal measure should not go further than is necessary and should be used only if less restrictive measures are unavailable.
In practice, the application of the principle will require the Court to balance the need for consumer protection against the demand for the free circulation of goods and services.

In addition, the EU Courts are also required to weigh an extended protection given by certain Member States to its consumers and traders against the possible loss of effective competition.



 
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