BPP Study Manual Ch8 - Free Movement of Goods 2 Flashcards
Who is bound by Article 34 TFEU?
Member states and public or quasi-public bodies
What demonstrates that Art 34 TFEU applies to quasi-public bodies?
Royal Pharmaceutical Society of GB
What does Art 34 say?
- Quantative restrictions on imports
- and all measures having equivalent effect
- shall be prohibited between Member States
How are quantative restrictions defined?
measures which amount to a total or partial restraint of imports, exports or goods in transport
What defined quantative restrictions?
Geddo v Ente Nazionale Risi
Give an example of a QR and a case that showed this
- total ban on imports
- Henn and Darby
- total ban on importing hardcore pornography
Other than total bans on imports, what else constitutes QRs? Give an example case.
- quotas
- International Fruit Co
What are MEQRs? Give some examples
- measures having equivalent effect as a QR; disguised QRs
- e.g. rules that regulate physical requirements that products have to satisfy i.e. in shape or packaging
What two sources give information about MEQRs?
- Directive 70/50, though now inoperative
- Dassonville
How did Directive 70/50 affect the handling of MEQRs?
- divided into distinctly and indistinctly applicable
What are distinctly applicable measures?
- ones that do not apply equally to imported and exported products
- e.g. rules that demand higher standards for imported goods than domestic goods
What are indistinctly applicable measures?
- measures that look like they’re equally applicable to domestic and imported goods
- but the effect of the measure disadvantages imported goods by requiring them to satisfy the state’s rules for domestic goods
Give an example of an indistinctly applicable measure.
- a national rule that imposes conditions on the packaging or composition of products
Give a case involving indistinctly applicable measures.
- Walter Rau
- Belgian statute requiring all margarine to be sold in cubic packages
- addressed to all margarine producers but only Belgian margarine producers sold it in cubic packages already
- treated as an MEQR because disproportionate way to achieve this goal
How are MEQRs defined?
- all trading rules enacted by Member States
- which are capable of hindering
- directly or indirectly, actually or potentially
- intra-Community trade
What defined MEQRs?
Dassonville