Articles Flashcards
NFB Who wrote that the law in fact test focus’ on the significance of the impact of the measure with all the uncertainties it entails
Wilsher
Wilsher wrote what about post keck jurisprudence?
Failed to employ any coherent discrimination methods in relation to non-product rules
Who agreed with AG bott that the 3 categories considered for selling arrangements should be whether it’s discriminatory, product use rules and any other measures which otherwise hinder access?
Snell
Market access is a centrally important notion of the EU internal market law
Return to dassonville
Snell said what about market access after Gourmet?
Obscures rather than illuminates
What did Wilsher say about NFB in concluding?
Many selling rules are not arbitrary at all but reflect deeply held policy choices about the character of national life
Snell says what about finding the middle ground between anti protectionism and economic freedom?
Market access remains elusive
Healthcare what did Davies say of the difficulties?
Openness and free movement difficult to achieve when the core providers are state monopolies which rely on compulsory membership
What did rich and merrick say about healthcare?
Profound tension inherent in cross border healthcare and this is exacerbated by pressure for cost containment in almost every EU country
Who Said kohll had lead to an opening up of the market
Barnard
What directives in healthcare?
Social security regulation
Patients rights directive
Van der mei says what on healthcare
Traditionally based on the principle of territoriality
Economic integration must leave room for local differences, who said this?
Snell concerning benefits of sea
Sma2012 does what
Outlines difficulties as tricky but worthwhile for legitimacy
El-Agraa said what of positive integration?
Involves modification of existing instruments creation of new ones to enable the market to function effectively and promote broader policy aims
Who criticised over regulation of positive integration?
Weatherill
