Caja Mediterrneo Bank Insolvency Case Study Example | Topics and Well Written Essays - 2000 words

Caja Mediterrneo Bank Insolvency - Case Study Example The trademark Caja Mediterrã ¡neo began being utilized in 2007. At first the bank utilized the trademark Caja de Ahorros de Alicante y Murcia. A portion of the foundations consumed to frame CAM incorporate Caja de Ahorros de Torrent, which had been shaped in 1906, and Caja de Ahorros Provincial de Alicante y Valencia which was invested in 1991 (‘Caja Mediterraneo and Accenture Deploy Alnova Core Banking Platform’ 2010, Web). By 1975, a few different foundations had joined to shape the present CAM. Such foundations included Caja Rural de Ahorros y Prã ©stamos del Sindicato Catã ³lico Agrã ­cola de Yecla, Monte de Piedad y Caja de Ahorros de Alcoy, Caja de Ahorro y Monte de Piedad de Yecla, Caja de Ahorros de Nuestra Seã ±ora de los Dolores in Crevillent, Caja de Ahorro y Monte de Piedad de Elche, Caja de Ahorros de Novelda, Caja de Ahorros de Nuestra Seã ±ora de Monserrate, Caja de Ahorros del Sureste de Espaã ±a, Caja de Ahorro y Monte de Piedad de Alicante, and C aja de Ahorro y Monte de Piedad de Jumilla. Others incorporate Caja de Ahorro y Monte de Piedad de Murcia, Caja de Ahorro y Monte de Piedad de Cartagena, and Caja Rural de Ahorros y Prã ©stamos del Sindicato Catã ³lico Agrã ­cola de El Progreso (‘Spain's national bank favors merger of Caja Madrid’ 2010, Web; manta 2012, Web). By December 2007, CAM Bank was viewed as the fourth biggest Spanish reserve funds Bank. The positioning depended on client advances and stores. Besides, the Bank was positioned the third bigger in term of piece of the pie and the quantity of office openings. The bank began in Murcia and Alicante areas and offered banking administrations across Spain. With a system of around 1,100 workplaces, the bank utilized around 7,100 specialists and served more than 3, 300, 000 customers. CAM was mostly engaged with retail banking. The clients included Small and Medium Enterprises (SMEs) and people. Likewise, the bank was engaged with the arrangement of administrations, for example, protection just as resource the board (Anon 2011, Web).

7 Reasons Why Slowing Down At Work Is a Good Idea

7 Reasons Why Slowing Down At Work Is a Good Idea You may think the best and most beneficial laborer in the room is the one adjusting 17 undertakings on the double and zooming all over the corridors, yet you’d not be right! Notably, now and then the sharpest and best individuals are the ones who back off on the throttle, turn down the pace, and work all the more gradually and carefully. Here are only a couple of ways how aâ slower way to deal with work can pay off gigantically in the long run.1. You need additional time than you think†¦ to think.It’s difficult to do your best intellectual and imaginative work in the free for all of the work environment. Imagine a scenario in which that free for all were just†¦ silly, however. On the off chance that you begin to think â€Å"slow,† you’ll give yourself an opportunity to facilitate the weight, get imaginative, let your thoughts stew until they’re prepared to develop. Rather than hopping quickly and wastefully from undertaking to task, attem pt intentionally easing back down. You may be astonished at how much time you really have in a given day when working successfully rather than in a frenzy.2. Your discerning cerebrum kicks in.You’ll be increasingly positive about your thoughts and choices when you make them carefully. Move away from your too quick programmed or â€Å"sympathetic† sensory system and those automatic responses, and towards the more slow, progressively legitimate â€Å"parasympathetic† sensory system. You’ll escape mental circles and autopilot and come to increasingly coherent choices about which you can be more confident.3. Your listening abilities improve.Are you hysterically blocking individuals out, grinning and gesturing in light of the fact that you’re just too occupied to even consider putting down your assignment and tune in? Check this regular conduct and figure out how to really process the thoughts and worries of others. No one can really tell when this may assist you with finding the missing piece to an individual riddle, or increase more regard and footing among your coworkers.4. You’ll make less mistakes.Working along these lines, easing back your pace to be progressively careful and estimated, implies that you’ll commit less errors. What's more, the mix-ups you do cause will to be a lot simpler to correct. You may even get the hang of something and have the opportunity and space to disguise that exercise before moving on.5. Your cerebrum will recall how to act.This sort of training is additionally incredible on the grounds that it will in the end train your mind to back off and work along these lines consequently. Before long it won’t be a task, yet simply the way you work.6. You can dispose of superfluous work.Sometimes occupied work is simply that†¦ occupied. Working gradually can assist you with acknowledging which assignments are a bit much. Spare yourself and your colleagues from incidental work. Do n’t make additional undertakings for yourself or others when you could focus on the activities that truly matter.7. You’ll figure out how to relinquish stress.Instead of biting your nails down to the speedy and tapping your feet annoyingly while trusting that collaborators will polish off their assignments, focus on the work around your work area. Do it right, as opposed to quick. Furthermore, rather than focusing on completing everything, give working only a shot the job needing to be done and completing it properly. Loosen up a little and comprehend that it’s just unrealistic to go home each day with a clear plan for the day.

Science And Money Essays - Fiscal Policy, Economic Policy

Science And Money For quite a long time, everybody has opined on how to manage the spending overflow: subsidize new instructive projects, cut expenses, etc. Science needs the cash. In a few advancements, we are starting to fall behind different nations. We should not permit this to occur. Everybody receives the rewards of science; expanding subsidizing for explore projects would just upgrade these advantages. Where might the United States be today without science? Science is a major piece of our economy, yet today most innovative work happen in the private division. Why has the government cut spending? Since they realize that the private segment will do the work. Cash rouses the private area to perform look into; when gainfulness winds down in a specific territory, look into by the private area likewise decays. Kenneth Earthy colored states that private firms frequently center around their own item as opposed to chip away at a more extensive comprehension of science. Should Uncle Sam permit such a lack in investigate? Expanded government spending in science would create a more prominent expansiveness and profundity of information. You may ask yourself: why would that be significant? As the world head in for all intents and purposes everything, it is basic for the US to lead the world in science too. For safeguard reasons, yet in addition to stay up with different nations so no nation can hoard a logical discovery. Would we need Japan or Russia to concoct a solution for AIDS and need to buy the information from them? The US needs to lead the world in science; to keep up this position we should apply the spending surplus to government science examine programs.

Noble Cause Corruption How The Culture Is Bringing Harm To Police - 275 Words

Noble Cause Corruption: How The Culture Is Bringing Harm To Police (Reaction Paper Sample) Content: Noble Cause Corruption Name: Institution: Noble cause corruption has taken root in policing, and the Martinelli article gives a comprehensive breakdown of how the culture is bringing harm to police departments by tainting their image and leading to loss of trust and confidence by the public. Martinelli makes the point that police chiefs should be in pole position to ensure the culture of noble corruption does not exist in their departments since they have the power to discipline officers involved. I was intrigued by an instance of noble corruption where officers lied in their statements and filed false reports when they made an arrest. This is plain corruption with the two kids being innocent; they are taking the blame for a crime they did not commit. There is no good emanating from this as partially innocent kids are locked up while the real criminal walks. Another instance of noble cause corruption that I was drawn to was the tainting of a police photograph array for identification of suspects. While this technique may work and helps put the suspect behind bars, its repercussions are too much of a risk. In the end, the criminal is behind bars, but the issue is later exposed by the media, and the image of the department goes up in flames. Martinelli gives a comprehensive look at noble cause corruption, but I feel that he focused so much on the negative aspect and very little on its positives. I agree that noble cause...

Dynamic Strategy Formulation And Dynamic Strategic Change - Free Essay Example

Introduction Dynamic strategy is generally accepted as being the ability of a firm to rapidly switch between strategic configurations, thus dynamically responding to any changes in the environment (Day et al, 2004). Such a strategy formulation is becoming increasingly vital in the contemporary business environment, but also increasingly hard to achieve due to the vast amounts of information available to businesses. As such, this piece will examine the role that information systems, IS, and information technology, IT, can play in supporting dynamic strategy formulation and dynamic strategic change. This will be achieved through two methods. The first will be a review of the literature to understand the theory and existing studies around the role of IS and IT in driving strategic change, and the second will consist of two case studies of organisations that used IS and IT in their strategic processes. Literature review: The relationship between IT / IS and dynamic strategy The relationship between IT and dynamic strategy is rooted in the relationship between the various patterns of information systems development and the organisational configurations that a business can adopt. This relationship is supported by Burn (1993) who demonstrated that different stages of information systems development tended to require companies to take different approaches to their strategy, based on the available organisational configurations. Indeed, this relationship revealed a pattern of strategic alignment in the organisations, based on the relationship between the organisational configuration and the stage of information systems development. This implies that the main role of information technology in supporting dynamic strategy is as an enabler of different strategic approaches, thus a high level of IT development is needed in order to support the use of dynamic strategies (Burn, 1993). Another important factor in the creation and maintenance of a dynamic strateg y is the fact that information is increasingly being created â€Å"faster than individuals and organizations cart make sense of it† (Lerch and Harter, 2001, p. 63). This not only means that organisations are now able to collect ever more detailed data and information, but also means that understanding and processing this data is more important than ever. The vast amount of available data means that it has become even harder to obtain any degree of situational awareness, with businesses struggling to understand the status and dynamics of an environment that is continually changing in so many ways. In this environment, a dynamic strategy can only be effectively created if the business is able to keep pace with the rapid rate at which information is produced, and can analyse the information rapidly enough to keep pace with the environment. IT and IS play a vital role in achieving this, by enabling managers to better categorise, analyse and act on the data produced (Lerch and Har ter, 2001). In addition to the importance of information technology in supporting an overall level of dynamic strategy formulation, specialist information systems also play a vital role in supporting the development of dynamic strategy in specific areas of the business. One particular example of this is in the use of customer relationship management strategies to support higher levels of customer commitment and retention. The main theory around customer retention is that customers can only be retained when their requirements and expectations are satisfied, and also when the customer is able to obtain fair value from their transactions with the business. Whilst satisfaction is relatively easy to obtain, the notion of fair value can change rapidly, most often when rivals launch offerings which are cheaper or subjectively superior (Park and Kim, 2003). As such, in order to effectively pursue a customer relationship management strategy, businesses need to ensure that they are aware o f what represents fair value from the point of view of their customers. This can only be achieved if the organisation is able to maintain a high degree of customer awareness, through the effective collection and analysis of customer information. Information technology and IT strategy both play a key role in enabling this for businesses, and helping them better retain their customers (Park and Kim, 2003). In addition to enabling specific aspects of dynamic strategy, high end information technology also plays a vital role in enabling businesses to expand and succeed in areas where the requirement for dynamic strategy is even more pronounced. One example of this comes from the attempt by many businesses to become electronically enabled. In order to achieve this on an effective level, businesses need to employ dynamic capabilities to leverage their expertise in the electronic environment. Whilst the key factor in succeeding in this market is a strong degree of visionary managerial le adership, companies also need to show the ability to develop innovative and dynamic IT capabilities in order to support their business aspirations. As such, a sound IT innovation strategy will prove the key to developing a dynamic electronic business strategy to succeed in the new environment (Hackbarth and Kettinger, 2004). One final example of a dynamic business strategy which can be supported by IS and IT is a mass customization strategy, which focuses on succeeding in diversified markets using the cost benefits of mass production and the marketing appeal of individualisation. In this case, information systems play a much more holistic role: not only do they support the process of strategy formulation, but they also enable the entire value chain, particularly in the management of product and process complexity levels. Indeed, Dietrich et al (2007) argue that a mass customisation strategy, and other advanced production approaches, can only truly be achieved if information syste ms are integrated into the operations process, and hence the strategy, at a fundamental level. The role of IT / IS in promoting dynamic strategic change As discussed above, the literature strongly supports the argument that the alignment of IT and IS with business strategy plays a vital role in creating dynamic strategies. However, given the importance of change in the dynamic strategy process, it can also be argued that IT and IS need to play a key role in supporting dynamic strategic change in order for businesses to maintain their dynamic strategies. This argument is supported by Sabherwal et al (2001) who claim that dynamic strategic alignment can only be achieved over a long period of time if the companys IS management profile is set up to support evolutionary changes in strategy. This argument is supported by Hsiao and Ormerod (1998) who argue that information technology enabled strategic change is a vital aspect of any dynamic strategy formulation. Indeed, their study implies that strategic change is pursued is a series of unique ways, each of which rely on the effective management of information and information systems i n order to achieve. This research also shows that IT plays an equally vital role in both planned and emergent modes of change, regardless of the change elements that drive these modes. One specific example of the role that information technology can play in supporting dynamic strategic change is in the field of dynamic process modelling. Dynamic process modelling is used across the entire set of operating and support functions of a business, including the information systems, and plays a vital role in ensuring the continued alignment of all these aspects during a strategic change process (Giaglis et al, 2005). This is a vital component of a dynamic strategic change, as alignment must be maintained in order to ensure coherence throughout the business. If different aspects of the business fall out of alignment during the strategic change, the delays associated with realigning them can disrupt the dynamic process and prevent the company from maintaining its dynamic capabilities and responsiveness to market changes. Information systems can assist in avoiding this through the creation of dynamic simulation models that demonstrate the effects of a proposed strategic change on existing business processes, helping managers be proactive and addressing any changes before they cause misalignment between organisational functions. Indeed, true continued strategic business alignment can only be maintained throughout a dynamic strategic change process if the information technology and information systems of the company are specifically configured to support the dynamic process. This argument is put forward by Chen et al (2008) who argue that dynamic strategic changes require dynamic capabilities in order to ensure strategic alignment process, and also to overcome any difficulties encountered in both achieving and sustaining alignment. This is particularly important in the IT context, given that the path dependencies created in previous changes can act as barriers to fu ture alignment. As a result, the information systems of the business need to be managed and directed, with a clear business vision, to ensure future strategic alignment, and hence business success. Case study 1: Hewlett Packard The first case study in this piece will be an examination of Hewlett Packard, HP, specifically the actions taken by HP when it was engaged to develop a new information system for a large multinational car manufacturer. This new system was a critical aspect in supporting a dynamic strategic change in the organisation, moving it away from a hierarchy and towards a worldwide network of factories and distribution facilities (Feurer et al, 2000). Analysis for the case study 1 This implementation focused on the creation of a new information system for a new area of the business. As a result, it was not dependent on the companys existing IT and IS. This meant that it provides a good example of how a system can be designed to fulfil a specific role in the creation of a dynamic strategy, with the only constraints being the network of suppliers and customers, and the requirements of the parent company. The implementation thus used a balanced approach between people and technology, helping to support a dynamic strategy that could react more rapidly to market requirements, whilst also incorporating internal goals and constraints. The resulting system supported a high level of strategic alignment, as well as a high degree of dynamic strategic control (Feurer et al, 2000). Critical reflection on the case study 1 The main success factor underlying this case study was the use of the information system to support the deployment of flexible resources as late as possible in the production process. This not only saved costs, but also helped support a mass customisation process, as described by Dietrich et al (2007). The use of the information system to provide this degree of flexibility also helped the company use a series of innovative processes to drive production in the network of factories, which encouraged further dynamic strategic development. This use was supported by a breakthrough in the technology enablers, which were driven by the cross functional teams working across HP and the car manufacturer. These breakthroughs made it possible for the system to be used to identify the critical processes which tend to have the strongest impact on the ability of a company to achieve its strategic objective (Besanko et al, 2007). The systems were then able to analyse these key processes and transla te them into high level models of how the new organisational structure would interact with its environment, in terms of the core, support and innovative processes and how these could be proactively adapted to the environment to maximise overall performance. This is a critical aspect of any strategic planning involving information systems (Ward and Peppard, 2002), and played a further key role in the success of the overall implementation, and the relevance of this case study to the development of best practice in the information systems field (Eisenhardt, 1989). Case study 2: Queensland Heath The second case study in this piece is a study of Queensland Health, QH, which is one of the largest Australian government agencies. This agency implemented a centralised IT service management model as part of a dynamic strategic change away from a function based strategic focus, and towards a service based focus (Tan et al, 2010). Analysis for the case study 2 The implementation of the system was widely seen as a success, with the system experiencing a large number of breakthroughs, both organisational and technological. The main organisational factor that supported the success of the case study was that the commitment of senior management was obtained, hence directing all the organisations resources towards the successful implementation of the system, and the resulting organisational change. This was supported by the high level of commitment and skill shown by the project champion, who recognised the need to integrate a change management strategy into the information system implementation, to ensure that the systems implementation acted to support an aligned dynamic change, rather than hinder it. In the technological area of the study, the organisation made sure to maintain close relationships with the vendors that installed the system, in order to facilitate a high level of technology transfer to the in house staff, as well as using a benefits realisation plan to track the project benefits and ensure they were realised (Tan et al, 2010). Critical reflection on the case study 2 The main learning point from this study is the importance of integrating any information systems implementation with a valid and rigorous change management strategy in order to drive successful change. This is in line with the arguments of Keen (1981) who notes that information systems will only act to support an organisational change, and maintain strategic alignment in that change, if the information systems themselves are implemented using organisational change principles. This success factor was also supported and underlined by the role played by the change champion in achieving organisational support for the change, as well as the process of obtaining commitment from senior management. This combination of factors implies that the most important factor in ensuring that IT and IS support dynamic strategic change efforts is the need to use effective change management methodologies to drive the entire process. In addition to this, the results and learning from the technological aspects of the case study indicates that the organisation needs to ensure that it has the required level of technical and technological expertise in order to run and maintain the system and ensure it is achieving its goals. The main factor in ensuring that this is achieved is the need to ensure a high level of involvement in the implementation process and, if external vendors are used, to ensure a high level of knowledge and technology transfer from said vendors. The use of a benefits realisation plan, or other method of tracking and driving project benefits, is also important in ensuring that IS and IT implementations are successful in achieving their goals. Conclusion In the modern business environment, organisations can only create and maintain relevant and successful strategic direction if they follow a process of dynamic strategic formulation. Failure to follow this process will leave the company unable to keep up with market and environmental trends, and hence will be surpassed by superior competitors. Information systems and information technology can support the process of dynamic strategy formulation by making information more available to businesses, and supporting the efforts of said businesses to analyse and formulate their strategy by providing tools to support their strategy formulation efforts. This is supported by the literature, which demonstrates how information systems can support both the development of dynamic strategies and dynamic strategic change at both the general and specific level. The importance of information systems to the process of strategy formulation and strategic change is also supported by the case studies. As the HP case study shows, information systems can play a critical role in developing a strategy and deploying it, by supporting the process of strategic discovery and relating the processes of the organisation to the strategic environment. Similarly, the case study of QH demonstrates the importance of using rigorous methods when driving strategic change. Not only must these methods be used to support the change itself, but also in the deployment of the information systems, to ensure that said systems will support the overall and not act to hinder it in any way. An understanding of the importance of information systems in providing the information needed for strategy formulation was vital in the success of both of the cases examined in this piece.

French Expressions Using the Word Quelque

The French word quelque literally means some and is also used in many idiomatic expressions. Learn how to say in a little while, somewhat, in a word, and more with this list of expressions with quelque. Some Jai quelques idà ©esI have some ideas.Jai quelque envie...I have some desire, I kind of want... About il y a quelque 10 ansabout 10 years agoquelque 5 000 voituresabout 5,000 cars Other Expressions quelque chose (pronoun)somethingquelquefois (adverb)sometimesquelque part (adverb)somewherequelquun (pronoun)someonequelques-uns, quelques-unes (pronoun)some, a fewà   quelque distancesome distance fromen quelque sorteas it were, so to speak, in a word, in a wayet quelquesand change, a little more thanCà ©tait 5 euros et quelquesIt was 5 euros and change.quelque autre noun, quelques autres plural nounsome otherY a-t-il quelque autre restaurant  ?Is there some other restaurant?Jai quelques autres idà ©esI have some other ideasquelque chose de adjsomethingquelque chose dintà ©ressantsomething interestingquelque peusomewhat, rather, a bitquelque... quewhatever, whicheverÀ quelque prix que...At whatever price that...quelque tempssome timeattendre quelque tempsto wait a little whiledans quelque tempsbefore longdepuis quelque tempsfor a while

Test Satisfactory - Free Essay Example

Sample details Pages: 7 Words: 2123 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Review Did you like this example? The aim of this essay is to examine if the Keck[1] test is unsatisfactory, too rigid and places too much emphasis on law and fact, rather than market access[2] and consider that there are no clear outer boundaries to the Article. Article 34 of The Treaty on The Functioning of The European Union (TFEU) prohibits Members States (MS) from discriminating against imported goods by favouring domestic products, unless the MS can establish a justifiable cause[3]. The case of Dassonville[4] established the courts need to look into issue of national legislation that would constitute a measure equivalent to quantitative restrictions (MEQR). Don’t waste time! Our writers will create an original "Test Satisfactory" essay for you Create order It was held that Article 34 would have a broad definition that measures which were à ¢Ã¢â€š ¬Ã…“capable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to be considered as [MEQRs]à ¢Ã¢â€š ¬Ã‚ [5]. The issue that arose from the ruling was that the formula, theoretically established that all national measures from other MSs could be caught under Article 34. The issue that arose from the case of Dassonville, was whether the formula should catch all national measure even those close to restricting trade or should there be test that would allow a MS to escape the formula? It was the case of Keck that formulated the test that allowed MSs to escape the Dassonville formula; it was created to change the structure of free movement of goods and the scope of Article 34. Keck is used to determine whether MS legislation directly, indirectly, actually or potentially hinders trade within the Dassonville formula. The Keck test for defining if a measure is non-discriminatory is whether the measure has equivalent effect and in turn has to be justified. Keck has two rules, the first rule deals with product-bound measures, which imposes additional requirements on the product. These requirements are seen to restrict trade and fall within the scope of article 34. The second rule deals with selling arrangements, these are rules that regulate when[6], where and by whom goods may be sold[7], advertising restrictions[8] and price controls[9]. There rules by their nature do not impede the market access of imported products more than they prevent the market access of domestic products, provided that they apply to all relevant traders within the national territory and apply equally in law and fact to domestic and imported products, if they meet these criteria they fall outside the scope of Article 34. The issue that Keck had was with dealing with measures of intra-community trade that were too uncertain or indirect to warrant the use of Artic le 34. HÃÆ' ¼nermund[10] showed how far the European Court of Justice (ECJ), were willing to stretch the scope of the term à ¢Ã¢â€š ¬Ã‹Å"selling arrangementà ¢Ã¢â€š ¬Ã¢â€ž ¢ outlined in Keck. The ECJ referred to Keck and the conditions that had to be satisfied before the German rule of prohibiting pharmacists from advertising pharmaceutical products outside their pharmacy, fell outside the scope of Article 34. In this case the conditions were satisfied and the German rule was found to be compatible with EU law. In Leclerc-Siplec, the ECJ ruled that a French ban advertising certain products on television was a selling arrangement. The ECJ concluded that the rules in question were not within the scope of Article 34. Though EU case law has shown that selling arrangements do not necessarily fall within one set of rules, à ¢Ã¢â€š ¬Ã‹Å"the form of advertising is a significant factor in determining whether the Cassis[11] or Keckà ¢Ã¢â€š ¬Ã‚ ¦ rule applies.à ¢Ã¢â€š ¬Ã¢â€ž ¢ [1 2] The Mars[13] dealt with German unfair competition law. The ECJ held that the German rules related to presentation, labelling and packing of goods that lawfully had been manufactured and marketed in another MS. Under Cassis, these rules are within the scope Article 34 and can only be justified under mandatory requirements, in this instance no justifications were found, and the rules were said to be restricting trade between MSs and against EU law. Familiapress[14] demonstrates the importance of the form of advertising. Austrian legislation prohibited the sale of newspapers that contained games or competitions for prizes. The ECJ disagreed even though the method was used for sales promotion; the ECJ was concerned with the actual content of the product in the case, because the competitions formed an important aspect of the magazine. By making this distinction, the ECJ established that the Austrian legislation did not fall within Keck definition of selling arrangements. It was est ablished that the national legislations compatibility with EU law would have to be determined under the Cassis rule. The ECJ left the national court to decide if the restriction was proportionate. Greaves stated that à ¢Ã¢â€š ¬Ã‹Å"Where the method of advertising is an intrinsic part of the product itself, as in Mars, then the Cassis rule applies. Where the form is external to the product, the Keckà ¢Ã¢â€š ¬Ã‚ ¦ rule applies.à ¢Ã¢â€š ¬Ã¢â€ž ¢[15] Familiapress shows a distinction between Mars and the application of Keck, regarding the rules of product characteristics and selling arrangements. After Keck, extrinsic advertising constituted a selling arrangement falling outside the scope of Article 34, while intrinsic advertising, which relates to the product requirement, would only be restricted by a MS if it can be justified under the Keck requirements. Weatherill and Chalmers both argued that the ECJ has misinterpreted the purpose of Article 34, instead of focusing on the fre e movement of goods and the creation of an internal market, the Court focused on discrimination imposed by national legislation. Chalmers states that à ¢Ã¢â€š ¬Ã‹Å"Cassisà ¢Ã¢â€š ¬Ã‚ ¦ [was] the main judicial instrument for achieving legal interpenetration of Member State markets. Following Keck, the Cassisà ¢Ã¢â€š ¬Ã‚ ¦principle now has only a limited integrative function.à ¢Ã¢â€š ¬Ã¢â€ž ¢[16], the issue here is that Keck has disrupted the development of an internal market and in turn Keck has established a narrower market based on equality in law and fact. Advocate General Jacobs found the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s approach in Keck unsatisfactory for two reasons[17], the first being that à ¢Ã¢â€š ¬Ã‹Å"the severity of the restriction imposed by different rules is merely one of degreeà ¢Ã¢â€š ¬Ã¢â€ž ¢[18], Jacobs illustrates that a type of restriction is as serve as an outright ban on importation and marketing, Jacobs places emphasis on when dealing with the restrictions to advertising, that also have an important role in building an internal market, à ¢Ã¢â€š ¬Ã‹Å"In short, advertising injects greater fluidity and mobility into the economy and enhances competitiveness. A ban on advertising tends to crystallize existing patterns of consumption, to ossify markets and to preserve the status quo.à ¢Ã¢â€š ¬Ã¢â€ž ¢[19] The second reason that Jacobs find Keck unsatisfactory is Keck criteria that focuses on a discrimination test, the problem with a discrimination based test is that it leads to a fragmented internal market, because producers and traders must adapt to restrictions on selling arrangement depending on which MS they market their products in, the restrictions should not be based on local conditions but against the entire Union. Two tests where put up forward, the first being de mininmus, which has been established to be unsatisfactory in this area because it focuses on principles far too complex for the courts to evaluate compared to Kecks rule based formula. The more plausible test would be à ¢Ã¢â€š ¬Ã‹Å"An approach based on the access to the market provides is with aà ¢Ã¢â€š ¬Ã‚ ¦framework for analysing the goodsà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢[20] which was acknowledged by Jacobs and Weatherill, regarding Keck, Article 34 and market access. Case law prior to Keck showed the difficulties in defining the outer boundaries of Article 34, in turn Keck was criticised for being overly formalistic because it drew a distinction between rules relating to product characteristics and selling arrangement. The focus on market access, Jacobs argued that were measures affected the goods directly, as in a Cassis type case, then it will be presumed to have a substantial impact. If the measure affected a selling arrangement and was not discriminatory, the severity of the impact would be based on other factors, such as the nature of the restriction, if the impact was direct or indirect and the extent of other available selling arran gements. Keck would remain establishing that selling arrangements are outside the scope of Article 34, but could be caught either by the classification concerned with product characteristic or because they have a different application in law or fact. The market access test has been further refined, by Wheatherill to à ¢Ã¢â€š ¬Ã‹Å"apply equally in law and in fact to all goodsà ¢Ã¢â€š ¬Ã¢â€ž ¢[21] though the market access test was not used initially compared to cases regarding free movement of services and workers, it has been slowly adopted by later cases[22], it has been shown that the ability of goods to access the market of a state is a core feature of the Keck test, the distinction under this test, is that Keck will be fulfilled provided that state legislation does not restriction a products access to the market. Wheatherill has shown that there is an outer boundary and to maintain this element, national rules must not threaten the growth of the internal market. To an extent the Keck test has been seen as unsatisfactory for being overly formalistic between the distinction between product rules and selling arrangements, but what has been seen through case law is a development and understanding of what selling arrangements are, the development of an outer boundary to Article 34 and the Court recognition and application of a market access approach. I 1052518 declare that this piece of work contains [actual number] words Bibliography Catherine Barnard à ¢Ã¢â€š ¬Ã‹Å"Fitting the remaining pieces into the goods and persons jigsaw?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (2001) 26 European Law Review 35 Damian Chalmers à ¢Ã¢â€š ¬Ã‹Å"Repackaging the internal market the ramifications of the Keck judgmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1994) 19 European Law Review Rosa Greaves à ¢Ã¢â€š ¬Ã‹Å"Advertising restrictions and the free movement of goods and servicesà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1998) 23 European Law Review 4 Stephen Weatherill, After Keck: Some thoughts on how to clarify the clarification (1996) 33 Common Market Law Review Case law Belgapom v ITM Belgium (Case C-63/94) [1995] ECR 2467 Commission v. 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Boermans (Cases C-401/92 and C-402/92) [1994] ECR I-2199 Vereinigete Familiapress Zeitungsverlags- und Vertriebs GmbH v. Heinrich Bauer Verlag (Case C- 368/95) [1997] ECR I-3689 Verein gegen Unwesen in Handel und Gewerbe Koln eV v. Mars GmbH (Case C-470/93) [1995] ECR I-1923 EU Legislation Consolidated Treaty on the Functioning on the European Union (TFEU) https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:0047:0200:en:PDF [1] Criminal Proceedings against Keck and Mithouard (Cases C-267 and 268/91) [1991] ECR I-6097 [2] SociÃÆ' ©te d ´Importation Edouard Leclerc-Siplec v. TFI PublicitÃÆ' © M6 PublicÃÆ' ©te (Case C-412/93) [1995] ECR I-179 [3] Arts. 28-30 Treaty Establishing the European Economic Community 1957 (EEC) (now Arts. 34 and 36 Treaty on the Functioning of the European Union (TFEU)). [4] Procureur du Roi v. Dasonville (Case 8/74) [1974] ECR 837 [5] Procureur du Roi v. 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Heinrich Bauer Verlag (Case C- 368/95) [1997] ECR I-3689 [15] Rosa Greaves à ¢Ã¢â€š ¬Ã‹Å"Advertising restrictions and the free movement of goods and servicesà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1998) 23 European Law Review 310. [16] Damian Chalmers à ¢Ã¢â€š ¬Ã‹Å"Repackaging the internal market the ramifications of the Keck judgmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1994) 19 European Law Review 392. [17] SociÃÆ' ©te d ´Importation Edouard Leclerc-Siplec v. TFI PublicitÃÆ' © M6 PublicÃÆ' ©te (Case C -412/93) [1995] ECR I-179 para 38 and 39. [18] SociÃÆ' ©te d ´Importation Edouard Leclerc-Siplec v. TFI PublicitÃÆ' © M6 PublicÃÆ' ©te (Case C-412/93) [1995] ECR I-179 para 38 [19] SociÃÆ' ©te d ´Importation Edouard Leclerc-Siplec v. TFI PublicitÃÆ' © M6 PublicÃÆ' ©te (Case C-412/93) [1995] ECR I-179 para 20 https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61993CC0412:EN:HTML [20] Catherine Barnard à ¢Ã¢â€š ¬Ã‹Å"Fitting the remaining pieces into the goods and persons jigsaw?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (2001) 26 European Law Review 52. [21] Stephen Weatherill, à ¢Ã¢â€š ¬Ã‹Å"After Keck: Some thoughts on how to clarify the clarificationà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1996) 33 Common Market Law Review 896 [22] De Augostini and TV-Shop (C- 34/95 to C-36/95) [1997] ECR I-3843, Konsumentombudsmannen v. Gourmet International Products AB (C-405/98) [2001] ECR I-1795, Schutzverband gegen unlauteren Wettbewerb v. TK-Heimdienst Sass GmbH (Case C-254/98) [2000] ECR I-151