3. Free Movement Of Goods II

Question 0

R v Royal Pharmaceutical Society

Answer 0

Public and quasi-public bodies may be bound by Art 34

Question 1

Commission v France (Spanish Strawberries)

Answer 1

MS can be liable for not stopping action by private party

Question 2

Commission v Ireland (Buy Irish)

Answer 2

Campaign to promote Irish goods held to violate Art 34 even though pursued (on behalf of gvt) by private company

Question 3

R v Henn and Darby

Answer 3

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

Question 4

International Fruit Co (No 2)

Answer 4

Licensing system that only allows importers to import specific quantity of product held to constitute quantitative restriction in breach of Art 34

Question 5

Directive 70/50

Answer 5

Distinction between distinctly applicable MEQRs and indistinctly applicable MEQRs

Question 6

Commission v Ireland (Irish Souvenirs)

Answer 6

National rules giving preference to domestic goods are distinctly applicable MEQRs

Question 7

Dassonville

Answer 7

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

Question 8

Rewe-Zentral AG (Cassis de Dijon)

Answer 8

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

1. Presumption of mutual recognition
2. Principle of mandatory requirements
   i. Effectiveness of fiscal supervision
   ii. Protection of public health
   iii. Fairness of commercial transactions
   iv. Consumer protection

Question 9

Conegate

Answer 9

Art 36 (public morality) derogation not available to UK’s ban on import of German love dolls, since also produced in UK

Question 10

R v Thompson

Answer 10

Art 36 (public policy) derogation applies to UK ban on export of silver coins

Question 11

Cullett v Centre Leclerc Toulouse

Answer 11

Art 36 (public policy) derogation not available for French law on minimum petrol pricing

Question 12

Campus Oil v Minister for Industry and Energy

Answer 12

Art 36 (public security) derogation applies to Irish measure requiring importers to buy 35% of petrol from state-owned refinery

Question 13

Commission v Greece

Answer 13

Art 36 (public security) not available for state’s claim to exclusive marketing of oil products

Question 14

Commission v Germany (Beer Purity)

Answer 14

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

Question 15

Sandoz

Answer 15

Art 36 (public health) derogation available for Dutch ban on muesli bars with added vitamins, since dearth of evidence about health risks

Question 16

PreussenElektra AG v Schleswag

Answer 16

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

Question 17

Mandatory requirement

Answer 17

Applies exclusively to indistinctly applicable MEQRs

Question 19

Cinetheque SA

Answer 19

Protection of cultural activities counts as mandatory requirement

Question 20

Commission v Denmark (Disposable beer cans)

Answer 20

Protection of environment counts as mandatory requirement

Question 21

Schmidberger

Answer 21

Protection of fundamental rights counts as mandatory requirement

Question 22

Walter Rau Lebensmittelwerke

Answer 22

Belgian law requiring margarine to be sold in cubic packages.

Fails proportionality test, so no derogation or mandatory requirement allowed

Question 23

Commission v Italy (relabelling of cocoa)

Answer 23

No mandatory requirement available for Italian law requiring chocolate with vegetable fat to be described as ‘chocolate substitute’

Question 24

Keck v Mithouard

Answer 24

Selling arrangements not MEQRs, provided following criteria met

1. They apply to all affected traders operating within territory
2. They affect in same manner the marketing of domestic and imported products

Question 25

De Agostini

Answer 25

Swedish ban on TV ads aimed at under 12s fails to pass Keck test - greater impact on imports needing to establish themselves in market

Question 26

Mars

Answer 26

Any restriction imposed on misleading Mars wrapper would count as product requirement and not selling arrangement - therefore MEQR

Question 27

Vereinigte Familiapress Zeitungsverlags

Answer 27

Prohibition on sale of newspapers and magazines which contained competitions giving big money prizes held to be a product requirement - therefore MEQR

Question 28

Geddo v Ente Nazionale Risi

Answer 28

Quantitative restrictions are ‘measures which amounts to a total or partial restraint of imports, exports or goods in transit’

Question 29

Firma Denkavit Futtermittel v Minister für Ernähgrung

Answer 29

Imposing additional requirements on imported goods counts as MEQR

Question 30

Commission v UK (Imports of Poultry Meat)

Answer 30

UK ban on poultry production from MS shortly before Christmas held to be disguised restriction on trade and therefore Art 36 derogation not available

Question 31

Criminal Proceedings against Bluhme

Answer 31

Prohibition on keeping any bees except the Læsø brown be on the island of Læsø held to be justified under Art 36 derogation

Question 32

Torfaen Borough Council v B&Q

Answer 32

CJEU held (initially) selling arrangements (here Sunday trading rules) can be MEQR

Question 33

Criminal Proceedings against Tankstation ‘t Heukste vog

Answer 33

Following Keck, Dutch rules regarding closure of petrol stations at night held not to be MEQR

Question 34

Punto Casa v Sindaco del Commune di Capena

Answer 34

Following Keck, Sunday trading rules held not to be MEQR

Question 35

Fachverband der Buch end Medienwirtschaft v LIBRO

Answer 35

Austrian law setting minimum price for German language books, part of which applied only to imported books, held to be an MEQR (fails Keck test)

Question 36

Konsumentombudsmannen v Gourmet International Products

Answer 36

Swedish law banning advertising of alcohol held to be MEQR, since impeded importers more than domestic producers

Question 37

Herbert Karner Industrie v- Auktionen v Troosteijk

Answer 37

Austrian ban on certain types of announcements and notices held not to be MEQR, since not blanket ban on advertising of goods in question and did not affect imported goods more than domestic goods

Question 38

Groenveld v Produktschap voor Vee en Vlees

Answer 38

Indistinctly applicable measure regarding exports held not to be regulated by Art 35