BPP Study Manual Ch7 - Free Movement of Goods 1 Flashcards
What treaty article sets out the EU principle of free movement of goods?
26(2) TFEU
What are the four freedoms?
free movement of goods, services, persons and capital
How is ‘goods’ defined? In what case?
- ‘Italian Art Case’
- products that ‘can be valued in money and which are capable, as such, of forming the subject of commercial transactions’
What is a customs union?
1) free trade area: no imposition of restrictions between countries
2) common customs tariff: imposed on goods entering the area from outside
Which treaty provision allows generally for the creation of a EU customs union?
s8 (1) TFEU
What EU provisions concern barriers to trade between MS?
1) 30 TFEU - prohibition of customs duties and charges having equivalent effect
2) 110 TFEU - prohibition of discriminatory taxation
What EU provisions attempt to remove ‘hidden’ barriers to trade between MS?
34, 35 and 36 TFEU - prohibition of quantative restrictions and all measures having equivalent effect, and derogations from this provision
What case proved Article 30 TFEU had direct effect? What is Article 30 about?
- Van Gend En Loos
- 30 TFEU prohibits customs barriers between MS
Define a customs duty.
a charge of any size levying a duty to be paid by the importer to the state solely because the goods are being imported into that state
How important is the purpose of a customs charge?
- irrelevant
- in the Italian Art case, an Italian tax on exports to prevent the loss of artistic heritage was illegal
What is a CEE?
a Charge with the Equivalent Effect of a customs duty
In what case did the CJ define CEEs?
the Statistical Levy case against Italy
Define CEE
- pecuniary charge, however small,
- regardless of designation and mode of application,
- imposed unilaterally on goods because they cross a border
- ## even if the charge is non-protectionist
What does pecuniary mean?
of or relating to money
Give a case where a non-protectionist CEE was struck down.
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