The infringements cases discussed by the EC Infractions Committee relating to Amex and Air Miles were held over, following a decision to ask DGXV to study the legal issues further. It is understood that the Commission’s Legal Service was keen to apply the principle of the ECJ’s ‘Keck’ judgement to the cases, but it was pointed out that Keck has never been applied to Article 59 of the Treaty, which deals with services in the internal market. A new letter of formal notice is being written by the Commission on the specific discriminatory aspects of the case.
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