Chapter 5 & 6

Question 1

Commission v Italy (“Italian Art”) (1968)

Answer 1

Set the definition for “goods”

Question 2

Payment for Service Rendered

Answer 2

To the IMPORTER

Question 3

Bresciani v Amministrazione Italiana felle Finanze

Answer 3

The need to specifically benefit the IMPORTER highlighted

Question 4

Commission v Belgium (“Customs Warehouses”) (1983)

Answer 4

Service to be provided to the importer AT THE REQUEST of the importer

Question 5

Commission v Germany (“Animal Inspections”)

Answer 5

NOT a CEE where inspection is requied by the EU Law (in order to promote free movement of goods)

Question 6

Commission v Netherlands (1977)

Answer 6

Charges for inspections as a result of rules of international treaties NOT CEEs

Question 7

Artile 110 TFEU

Answer 7

On Discriminatory INTERNAL Taxation

Question 8

Article 110 TFEU

Answer 8

On Discriminatory INTERNAL Taxation

Question 9

Article 110 (1) TFEU

Answer 9

On Discrimination

Question 10

Article 110 (2) TFEU

Answer 10

On Protection

Question 11

Alfons Lutticke case’s relation to Article 110 (+ Article 30)

Answer 11

Tells us that that they mutually exclusive.
Hence important to at first hand, recognise whether we’re dealing with 1) a charge that is prohibited under Article 30; or 2) a tax that is subject to Article 110

Question 12

Commission v France (“Repographic Machinery”) (1981)

Answer 12

Defined what is meant by “tax” in Article 110

Question 13

How strict is Article 110?

Answer 13

Not as strict as Article 30.
Whilst Article 30 is absolute, Article 110 CAN be permissible as long as it does not discriminate against imports under Article 110(1) and is not protectionist under Article 110(2).

Question 14

How strict is Article 110?

Answer 14

Not as strict as Article 30.
Whilst Article 30 is absolute, Article 110 CAN be permissible as long as it does not discriminate against imports under Article 110(1) and is not protectionist under Article 110(2).

Question 15

Comparison between CEE Test in Statistical Levy v Internal Tax Test in Repographic Machinery

Answer 15

Shows the particular distinctions between them.
CEE applies jut for the reason of goods crossing the border (hence unilterally on either domestic exports or foreign imports).
internal Tax however applies IRRESPECTIVE OF THE ORIGIN OF THE PRODUCTS

Question 16

Article 110 (1) TFEU

Answer 16

On Similar Products.
Obliges MS to tax similar imprted and domestic goods in the same way.
Goal to prohibit discrimination.

Question 17

Commissionv Denmark (1986)

Answer 17

Wine from fruit vs wine from grapes

Question 18

Humblot v Directeur (1985)

Answer 18

Taxation of Cars

Size of ENGINE

Question 19

Commission v Geece (1990)

Answer 19

Taxation of Cars.

On CYLINDER capacity

Question 20

Article 11)92) TFEU

Answer 20

On Non-Similar Products
Prohibits the imposition of any taxation on products imported from other MS which is of such a nature a to afford indirect PROTECTION to domestic products

Question 21

Article 34 TFEU

Answer 21

“Quantitative restrictions on imports and all measures having equivalent effect shall be pohibited between MS”

• Quantitative
• MEQRs

Question 22

Commission v Ireland (“Buy Irish”)

Answer 22

Member tates cannot circumvent their obligations under Article 34 TFEU simply by relying on a private company.

Question 23

Commision v France (“Spanish Strawberries”)

Answer 23

MS will be in breach of its obligations under Article 34 where it has failed to take necessary and appropriate measures to prevent the free movement of goods (inaction)

Question 24

Geddo v Ente Nazionale Risi (1973)

Answer 24

Defines “Quantitative Restrictions” as Measures which amount to a total OR partial restraint…of imports, exports or goods in transit

Question 25

Case on the BAN of Imports (example of QR)

Answer 25

R v Henn and Darby (1979)

Question 26

Case on QUOTAS placed on imports (aexample of QR)

Answer 26

Fruit Company NV v Produktschap voor Groenten (1971)

Question 27

MEQRs

Answer 27

MEQRs cover a wide ange of measures that can be regarded as “disguised” barriers to trade.

Examples:
-National Rules that regulate the physical requirements that a product has to satisfy (i.e. shape or packaging) before it can be sold to the public.

Question 28

Source to analyse how EU law defines MEQRs

Answer 28

1. Directive 70/50

2. COJ’ definition from Procureur du Roi v DASSONVILLE (1974)

Question 29

Directive 70/50

Answer 29

Transitional measure directive that only applies to national measures which were in place at the time EEC Treaty was signed.
Indicates how MEQRs were understood by the Commission at THAT time.

This Directive divides MEQRs into 2 groups:
Distinctly Applicable Measures

Indistinctly Applicable Measures

Question 30

COJ’s Definition of MEQR from Dassonville

Answer 30

4 years after directive 70/50

“All trading rules enacted by MS which are CAPABLE of hindering, directly OR indirectly; actually OR potentially, intra-Community trade are to be considered as measures having an effect equivalent to QRs”

Question 31

Dassonville Formula

Answer 31

Definition set out
Outlined without any mention of Directive 70/50
Doe not define MEQR hence in terms of “distinct” or “not distinct”. Its simple re

Question 32

Dassonville Formula

Answer 32

Definition set out
Outlined without any mention of Directive 70/50
Doe not define MEQR hence in terms of “distinct” or “not distinct”. Its simple requirement: the trading rule MUST BE CAPABLE*** of hindering trade between MS to be classified as a MEQR.

• Reach may be wider than discrimination? (the wording of the formula makes no reference to discrimination)

Question 33

Distinctly Applicable Measures

Answer 33

Measures that do NOT apply equally to domestic and imported goods.
Discriminate distinctly in that: makes importation more difficult or costly relative to domestic poducts.
“Higher standards” required for imported goods than domestic goods (Article 2 of Directive 70/50).

Question 34

Dassonville Formula

Answer 34

Definition set out
Outlined without any mention of Directive 70/50
Doe not define MEQR hence in terms of “distinct” or “not distinct”. Its simple requirement: the trading rule MUST BE CAPABLE*** of hindering trade between MS to be classified as a MEQR.

• Reach may be wider than discrimination? (the wording of the formula makes no reference to discrimination)

Question 35

Rewe-Zentral AG v Bundesmonopolverwaltung… (1979)

Answer 35

Clarified the question for Dassonville’s Formula for MEQR with regards to INDISTINCTLY applicable measures: YES an MEQR prohibited by Article 34 TFEU
(this case was one that applied to alcohol)

Question 36

Why must be distinguish Distinct and Indistinct applicable measures?

Answer 36

B/C of the potential DEFENCES available to them

Question 37

Defences for Distinctly Applicable Measures

Answer 37

Article 36 Derogations

Question 38

Defences for Indistrinct AM

Answer 38

Article 36 Derogations PLUS “Mandatory Requirements”