Art 30 - Customs duty Flashcards

1
Q

Commission v Italy (definition of goods)

A

‘Goods’ defined as anything capable of being valued in money and the subject of a commercial transaction

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2
Q

Van Gend en Loos

A

Art 30 has direct effect so if an individual or a company is subject to a customs duty it can bring an action against the member state to remedy its loss

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3
Q

Belgian Diamonds case

A

It doesn’t matter WHY a state has created a measure equivalent to a customs duty, and doesn’t matter if the state doesn’t profit. Here, was to create a social fund.

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4
Q

Commission v Italy (fee for a service)

A

Fee for a service - charge on all imports and exports to enable compilation of statistics but ECJ said that traders had no choice plus didn’t get a discernible benefit so was a breach

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5
Q

Bresciani

A

Fee for an inspection - health inspection on cow hides but was not asked for by EU and ECJ said was a breach, should have been borne from general taxation rather than from traders

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6
Q

Commission v Belgium

A

Fee for a permitted inspection - meat health inspection suggested but not mandatory. Charging therefore still a breach as it fragments the market

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7
Q

Bauhuis v Netherlands

A

Fee for a mandatory inspection - swine flu veterinary inspection. Is actually permitted as long as the charge is proportionate to the costs involved, as will not cause fragmentation because all states will charge approx. the same

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8
Q

Deutschmann v FRG

A

A measure cannot breach both Arts 30 and 110 so it is important to differentiate

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9
Q

Marimex v Italy

A

An example of a non-discriminatory charge having equivalent effect to a customs duty. Both domestic producers and importers had to pay something but what they had to pay was calculated separately. Therefore, in one calculation the importers were paying something and the domestic producers were paying nothing, therefore it has to be an Art 30 breach.

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10
Q

Fratelli and Interzuccheri cases

A

There was a levy on all sugar products (both domestically produced and imported) but the proceeds were paid back into investment in the domestic sugar industry. The ECJ said that for it to be an Art 30 breach, the domestic sugar producers would need to have been refunded in full. Alternatively it could be an Art 110 breach if they only received a partial refund

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