Art 34 Free Movement Of Goods

Question 0

Mandatory requirements

Answer 0

Cassis de Dijon

Effectiveness of fiscal supervision
Protection of public health
Fairness of commercial transactions
Defence of the consumer

Question 1

Principle of mutual recognition

Answer 1

Cassis de Dijon - if a product complies with the requirement of one MS, it should be acceptable in all MS

Question 2

Art 36 derogations

Answer 2

Public morality
Public policy
Public security
Protection of health and life of humans, animals or plants
Protection of national treasures
Protection if industrial and commercial property

Question 3

Who is bound by article 34?

Answer 3

Art 34 has direct effect, so can be relied on vertically
Generally, no horizontal direct effect

Wide interpretation of “the state”?
- Apple and Pear Development : APDC were bound by art34, but they were not in breach

The state can be liable for the actions of individuals,
- Schmidberger: demonstration by environmental group blocked the motorway and stopped imports. Australian government bound, but no breach

If the individual has authority to regulate entry into a market
- Fra.bo : a German NPO created the technical standards for German water and gas sectors. Cancelled f’s certificate, they were bound.