Article 30 Case Law Flashcards
Van Gend En Loos
Established Treaty articles area capable of direct effect
Commission v Italy (Statistical Levy)
1) Provided the definition of a CEE - ‘ any pecuniary charge imposed unilaterally on domestic or foreign goods by reasons of crossing the border’
2) Held that a payment for service for and at the request from the importer is not a CEE.
Facts: A charge have been imposed on importers and exporters to finance the collection of accurate statistical information about the movement of goods.
Held: The advantage which importers would receive from it was so general and so difficult to assess.
Sociaal Fond voor de Dimantarbeiders v Chougol
No justifications for CEEs - even if it was for social benefits
Facts: ECJ held that a charge on diamonds into Belgium was a CEE even though it was clearly not protectionist nature as Belgium did not produce any diamonds and the purpose of the charge was to provide a fund for additional social security benefits for diamond workers
Bresciani
1) Held that importers specifically have to benefit from payments for a service rendered
2) Established that a charge to cover the costs of an inspection where that inspection was imposed unilaterally by a MS in its own national interest constitutes as a CEE
Facts: the court held that the charge (imposed on importers to cover the cost of the public health inspections on imported raw cow hides entering Italy) was a CEE.
Commission v Belgium
ECJ made it clear that a charge for service rendered must be at the request of the importer
Commission v Germany (Animal Inspections)
4 requirements for a charge relating to the inspection required by EU law to be lawful
1) Charges must not exceed the actual costs of the inspection
2) The inspections must be obligatory and uniform for all the relevant products in the union
3) The inspections must be prescribed by EU law in the interest of the union
4) The inspections must promote the free movement of goods
Commission v Netherlands
The ECJ held that a charge for an inspection was not a CEE where the obligation to inspect has been imposed on all MS by an international treaty which was designed to encourage the free movement of goods.
