3. Free Movement Of Goods II Flashcards
R v Royal Pharmaceutical Society
Public and quasi-public bodies may be bound by Art 34
Commission v France (Spanish Strawberries)
MS can be liable for not stopping action by private party
Commission v Ireland (Buy Irish)
Campaign to promote Irish goods held to violate Art 34 even though pursued (on behalf of gvt) by private company
R v Henn and Darby
Ban on import of porn into UK held to be a quantitative restriction in breach of Art 34
But Art 36 derogation (public morality) applies
International Fruit Co (No 2)
Licensing system that only allows importers to import specific quantity of product held to constitute quantitative restriction in breach of Art 34
Directive 70/50
Distinction between distinctly applicable MEQRs and indistinctly applicable MEQRs
Commission v Ireland (Irish Souvenirs)
National rules giving preference to domestic goods are distinctly applicable MEQRs
Dassonville
Defines MEQRs: ‘all trading laws enacted by MSs which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade’
Restricting distribution channels for imported goods is distinctly applicable MEQR
Rewe-Zentral AG (Cassis de Dijon)
German law specifying minimum alcohol content for fruit liqueurs (with effect of impeding import of French Cassis) is an indistinctly applicable MEQR
Two important principles
- Presumption of mutual recognition
- Principle of mandatory requirements
i. Effectiveness of fiscal supervision
ii. Protection of public health
iii. Fairness of commercial transactions
iv. Consumer protection
Conegate
Art 36 (public morality) derogation not available to UK’s ban on import of German love dolls, since also produced in UK
R v Thompson
Art 36 (public policy) derogation applies to UK ban on export of silver coins
Cullett v Centre Leclerc Toulouse
Art 36 (public policy) derogation not available for French law on minimum petrol pricing
Campus Oil v Minister for Industry and Energy
Art 36 (public security) derogation applies to Irish measure requiring importers to buy 35% of petrol from state-owned refinery
Commission v Greece
Art 36 (public security) not available for state’s claim to exclusive marketing of oil products
Commission v Germany (Beer Purity)
Art 36 derogation (public health) not available for Germany’s ban on marketing of beer containing additives, since no evidence pose risk to public health
Sandoz
Art 36 (public health) derogation available for Dutch ban on muesli bars with added vitamins, since dearth of evidence about health risks
PreussenElektra AG v Schleswag
Art 36 (protection of health and life of humans, animals and plants) applies to German law requiring electricity distribution undertakings to purchase electricity produced by renewables
Mandatory requirement
Applies exclusively to indistinctly applicable MEQRs
Cinetheque SA
Protection of cultural activities counts as mandatory requirement
Commission v Denmark (Disposable beer cans)
Protection of environment counts as mandatory requirement
Schmidberger
Protection of fundamental rights counts as mandatory requirement
Walter Rau Lebensmittelwerke
Belgian law requiring margarine to be sold in cubic packages.
Fails proportionality test, so no derogation or mandatory requirement allowed
Commission v Italy (relabelling of cocoa)
No mandatory requirement available for Italian law requiring chocolate with vegetable fat to be described as ‘chocolate substitute’
Keck v Mithouard
Selling arrangements not MEQRs, provided following criteria met
- They apply to all affected traders operating within territory
- They affect in same manner the marketing of domestic and imported products
