Indistinctly applicable measures meaning

Indistinctly applicable measures are national rules that on their face apply equally to domestic and imported goods, but in practice hinder market access for imports or place them at a disadvantage. Typical examples include product requirements (composition, packaging, labelling, size), rules governing use of products, and some advertising or retail restrictions. The expression comes from EU case law on the free movement of goods (Article 34 TFEU) rather than from legislation. Such measures are generally caught by Article 34 unless justified by an Article 36 derogation (for example public health) or a recognised “mandatory requirement” (Cassis de Dijon), and must satisfy necessity and proportionality. Under Keck, “selling arrangements” escape Article 34 only if they affect domestic and imported goods in the same manner in law and in fact. Jurisdictional position: - Ireland: the concept is fully applicable and frequently litigated in EU law disputes. - England & Wales and Scotland: post‑Brexit, it informs retained EU law analysis and comparative reasoning; it is not a UK statutory term. - Northern Ireland: it remains practically important for goods under the Windsor Framework. Across the UK, analogous issues arise under the UK Internal Market Act 2020 (mutual recognition and non‑discrimination), though the terminology differs.