After years of uncertainty over the precise scope of Article 30 ofthe EC Treaty, the decision in Joined Cases C-267/91 and C-268/91Keck and Mithourd [1993] E.C.R. I-6097 was thought to haveintroduced some clarity. It will be recalled that in Keck the Courtmade a distinction between, on the one hand, “productionrequirements” or “product characteristics” to which the decision inCassis applies (para. 15) and, on the other, “certain sellingarrangements” which do not breach Article 30 provided “that thoseprovisions apply to all affected traders operating within the nationalterritory and provided that they affect in the same manner, in lawand in fact, the marketing of domestic products and those from otherMember States” (para. 16). The Court continued that where thisproviso is satisfied, the national restrictions are not by nature such asto prevent the access of foreign goods to the market or to impedeaccess any more than they impede the access of domestic products(para. 17).