Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

International and European Trade Law > 3 & 4. Free Movements of Goods > Flashcards

3 & 4. Free Movements of Goods Flashcards

1
Q

Free movement of payments and capital

A

Not only principles but individual rights
• to establishment, to provide services, to export goods to other member states etc.
• This “rights revolution” goes back to the adjudication of the European Court of Justice (ECJ) in van Gend en Loos C 26/62

> > (Art 63 TFEU)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Fundamental Freedoms vs Fundamental Rights

A

The concept of fundamental rights reflects the existence of a hierarchy of norms: Fundamental rights are higher ranking rights that are not only granted by the state, but are binding on it. The focus of FF is on economic freedoms and are the most important instrument of European economic integration
» Fundamental Freedoms are a cornerstone of the TFEU.
» Fundamental Rights are enshrined in the EU Charter of Fundamental Rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Fundamental Freedoms are the most important instrument of European economic integration - TRUE OR FALSE

A

TRUE!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Negative integration

A
  • by elimination of any restrictions
  • Neo liberal concept
  • Deregulation
  • Negative in the sense that EU law is designed to eliminate national laws which act as obstacles to cross border trading freedom
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Free movements of goods

A

(Art 34 TFEU et seq)
• Core EU principle
• One of the four freedoms of the internal market
• Vital for the internal market
• Therefore, the TFEU prohibits all kinds of restrictions by Member States

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Economic item that you cannot trade:

A

Services (IP) & Real State (cars and properties) – protected by EU Law but not by freedom of goods

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Real State can be protected by …

A

free movement of capitals and freedom of establishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Two types of restrictions on the free movement of goods

A
  1. Tariff barriers to trade

2. Non tariff barriers to trade (Arts 34 & 35 TFEU)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Tariff barriers to trade

A
  1. Customs duties
  2. Charges having equivalent effect to customs
    • Tariff barriers to trade are import or export restrictions involving direct payments of money
    • Exception : Charges for services rendered. e.g. fees for health inspections
    » For the charge to escape Art 30 TFEU, the service must be of direct benefit to the importer or exporter and shall not exceed the value of the service
    • The ban on tariff barriers (customs duties) is flanked by the prohibition of discriminatory taxation (Art 110 TFEU)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Quantitative restrictions:

A

Non-tariff barriers to trade: Measures which amount to a total or partial restraint of cross border trade:
• Ban (total restraint): blocks the import of a particular good altogether
• Quota (partial restraint): places a limit on the quantity of particular

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Definition of a MEQR (elements of the Dassonville formula): (know this by heart)

A

All trading rules which are capable of hindering, directly or indirectly, actually or potentially, `intra-Community trade

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Measures having equivalent effect to quantitative restrictions

A

Non-tariff barriers to trade:
• Short: MEQRs&raquo_space; The main problem
• Overt quantitative restrictions are easily recognizable
• Member States seek to restrict inter state commerce by different
measures having indirect bad effects

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Non-tariff barriers to trade:

A
  • Quantitative Restriction

* Measures having equivalent effect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Why MEQR are the main problem?

A 
• Much more difficult to identify than quantitative
restrictions
• Motives vary from protectionist to decent reasons of
public interest
• Forms differ, ex:
>> Health and safety requirements
>> Packaging requirements
>> Marketing requirements
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Definition of a MEQR:

A

All trading rules which are capable of hindering,
directly or indirectly, actually or potentially,
intra-Community trade.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Which elements of the Dassonville formula indicate
the broad reading of measures having equivalent
effect? Explain!

A

Elements of the Dassonville formula establishing its broad meaning (marked in red letters). All trading rules which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade

17
Q

Quality labels awarded by public bodies encouraging consumers to buy domestic products (ECJ C-325/00)&raquo_space;> is an example of?

A

MEQRs

18
Q

Government sponsored campaigns to buy domestic products („Buy Irish“, ECJ C-249/81)&raquo_space;> is an example of?

A

MEQRs

19
Q

Packaging requirements (ECJ C-261/81)&raquo_space;> is an example of?

A

MEQRs

20
Q

Cassis de Dijon Principle - Part I: Principle of mutual recognition aka State-of-origin principle

A

Provided goods have been lawfully produced and marketed in one Member State, there is no reason why they should not be introduced into another without restriction.

> > this rule only applies if there is no harmonizing legislation

21
Q

Cassis de Dijon Principle - Part II: Rule of Reason (known as well under the name of Cassis)

A

Restrictions must be accepted in so far as they are
necessary to satisfy mandatory requirements.

> > This rule only applies to indistinctly applicable
measures (measures making no distinction between
domestic and imported products).

> > It is a derogation from the free movement of goods principle.

22
Q

Keck Principle

A

Keck curtails the reach of the law of the free movement of goods and thereby immunizes certain areas of market regulation from the threat of challenge based on EU law.

Keck only applies to MEQRs that pertain to selling arrangements.

23
Q

Derogations from the free movement of goods principle

A
  1. Written law (Art 36 TFEU)

2. Judge-made law (Cassis de Dijon rules of reason)

24
Q

Explain distinctively applicable MEQRs

A

MEQRs that applies to either domestic products OR imports and exports

25
Q

Explain indistinctively applicable MEQRs. What are two famous cases of that?

A

MEQRs that applies to both imports or exports AND domestic products
» Cassis de Dijon (rule in german that liquor has to have 25% of alcohol – rule doesn’t discriminate only foreign products because german produces also have to follow this requirement, however this would have a practical effect which leads to limitation to trade (forbidden under ART 34 TFEU). This measure has the same effect of some type of quota because limits the sale.
» Keck Case - only for sales modality

26
Q

Which of these can be considered “quantative restrictions”

a) Bans
b) Quotas
c) Customs duties
d) MEQRs

A

a and b

27
Q

The Cassis de Dijon principle consists of:

a) Definition of MEQRs
b) Rule of Reason
c) Rules regarding selling arrangements
d) Principle of Mutual Recognition

A

b and c

28
Q

Positive integration in the EU focuses on:

a) Regulation
b) Deregulation

A

a

29
Q

The Cassis de Dijon rules of reason are:

a) A non-exhaustive list
b) An exhaustive list

A

a

30
Q

Art. 36 doesn’t include an exemption for:

a) Protectionism
b) Public policy
c) Public morality
d) Public security
A

a

31
Q

The Danish bottles case expanded the Cassis rules of reason with:

a) Protection of public health
b) Environmental Protection
A

b

32
Q

The Cassis de Dijon rules of reason only apply to:

a) Indistinctly applicable measures
b) Distinctly applicable measures

A

a

33
Q

Positive integration:

A
  • by establishing and adopting common rules
  • Interventionist concept
  • European regulations
  • positive in the sense that EU Law is designed to guarantee a wider market through legislation.
34
Q

Define the concept of goods:

A

Products which can be valued in money and which are capable, as such, of forming the subject of commercial transactions

35
Q

Which elements of the Dassonville formula indicate
the broad reading of measures having equivalent
effect? Explain! Mark the words which might be
omitted in order to narrow down the definition!

A

Elements of the Dassonville formula establishing its broad meaning (marked as CAP letters):

All trading rules which are capable of hindering, directly or INDIRECTLY, actually or POTENTIALLY, intra-Community trade

International and European Trade Law (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions