Defences

Question 1

Commission v UK (Open Skies )

Answer 1

Requirements for using a Article 52 TFEU Derogation

1) The discriminator measure in order to deal with a genuine and sufficiently serious threat affecting one of the fundamental interests of society
2) Direct causal link between the threat, which must be current, and the measure adopted to deal with it

Question 2

Gebhard

Answer 2

4 conditions in which restrictions can be justified

1) The restriction must be applied in a non-discriminatory manner
2) Justified by imperative requirements (the ground for justification) in the general interest
3) Proportional