EU law Flashcards
free movement of goods
- create a trade block where all results of production can circulate freely without restrictions
- creates a big internal market
prohibition of trade barriers:
- duties that are charged after crossing a border
- unlawful
charges having equivalent effect:
- duties because of price alternation
- duties on one foreign product but not in domestic one
inspection costs lawful when
- in interest of EU
- to promote free circulation
- do not exceed actual costs
- uniform inspections to all products
internal taxation:
- generally forbidden but when not discremenatory than lawful
- otherwise states are not allowed to impose tax higher than tax for their domestic products
quantitative restrictions: -partly or complete import restriction -equivalent effect -anything that makes import unnecessary complicated -rules that favour domestic products
dassonville case
wanted to import scotch without having a license for the import from the exporting country
ruling:
-the certificate is more difficult to optain for foreign traders than for domestic so it is a measure having equivalent effect
cassis de dijon case
wanted to import a drink which was presented as a spirit but germany said they can not sell it as spirit cause it has less than 30% of alcohol in it.
ruling:
-the alcohol threshold is nothing that is acting in general interest which it why it is just a requirment that excludes products of other member states
—> as long as it is lawfully produced and marketed it can be sold
mithouard case
selling product below wholesail price forbidden in france but they argued that importers which are often new entrées in the market need to do that to gain market share
ruling:
-as this restriction was not made to restrict import as the importers are not more hindered by it than domestic traders
the movement of person
free movement of
- workers
- self employed
- third country nationals
- union citizenship
gebhard case
moved to italy from germany and worked their as a lawyer under the title advocato
ruling
-even though it would be his right to do so the pursue might be dependant on following national rules concerning qualification or business ethics
gebhard tests:
court cases lae must fulfill following requirements:
- nondiscriminatory
- in general interest
- suitable for the goal the want to reach and must not go beyond what is necessary to reach it
free movement of capital
including
- mortages in different currencies
- restrictions on share dealings
- restrcitioms on acquisiton and disposal if properties
- the european monetary system
exemption:
-taxation
institutions of the eu
european comission council of ministers european council european parliament court of justice eurpean central bank
european comission
- nr of comissions = nr of member states
- members appointed by country but act independently
tasks:
- legislative proposals asked to by european parliament
- guardian of treaties
- representation
council of ministers
decreased law making power -decide with different votings -unanimity: all memberstates agree -simply majority vote: arithmetic majority -qualified majority vote: 55% of members or 65% of european citizens
european council
no legislative function
decisions on general politcal direction
european parliament
main legsilative body
- deciding in internal agreements and enlargement
- power of consent for the entrance of new state
- power to censure the european comission
- actions against other eu institutions
court of justice
- interpreation of EU law
- enforcement of law
- annulement if legal actions
- sanctioning eu institutions
sources of eu law
primary:
- TEU and TFEU (treaties of equal standing)
- eu charter of fundamental rights with 6 chapters about equality, freedom, citizens rightes etc
secondary: -regulations (directly applicable) -directices (not directly applicable) -decisions (specifically adressed to one state)
law making procedures
ordinary legsilative procedure
- comission makes a proposal
- EP apporves or rejects in first reading, council can approve EPs amendments or if no amendments approve in general
- if not approved council can male common positions for second reading of EP
- EP does not approve can male common position for council
- council can approve
special legislative procedure
-any procedure that differs from the one above
consent legsialtive procedure
ensuring effectivnesd categories
direct effect
state liability
preliminary ruling procedure
direct jurisdiction of tje CoJ
direct affect
individual can get specific rights that then have to be enforced and recognised by their national court
- must not need any further actions from this state
- uncondtional
- sufficiently clear and precise
- must not leave discretion to memeber states
concerning: treaty articles regulations directives (after deadline) general principles (eu charter)
state liability
allows individuals to file for a state failing to implement a eu law where they have suffered a loss or damage from that
—> francovich
francovich case
there is a law that protects employees from employers insolvency by redundancy payments. As his state failed to implement that law the payments were never made and he suffered a loss by it
preliminary ruling procedure
decision of court of justice on the interpretation of eu law after request of a member state
to consider:
- referring body (who is allowed to refer to the CoJ)
- referring question (is it hypothetical etc)
- timing
- avoiding a reference (if there already was a ruling on that law)
direct jurisdiction of CoJ
- detecting the breach
- informing tje country
- can bring it before court
- penalties
annulment actions (annul acts of the union) -admissibility (review all acts not just legislative ones)
ground for annulment:
- lack if competency
- infringment of treaties
- misuse of power
article 101
any agreements between enterprises that affect the trade between memberstates and contain elements lile price fixing, limiting production or share markets or sources if supply are forbidden
exemptions:
-any agreement which promote the production of goods while allowing customers a fair share of the resulting benefit
-block exemption regulation
-exemption which denies companies
certain acticties which would eliminate
competition
-vertical: car producers are allowed to
have excklusive dealerships if they do
restrict competition
-horziontal: agreements that are more
beneficial than harmfull
article 102
when a enterprise with a dominant position does something that eliminates competition
there has to be an abuse though:
- exclsuive purchasing or tie in sales
- abusive discounts
- discriminatory pricing
merger control
prior to merges
The regulation prohibits mergers and acquisitions which would significantly reduce competition in the Single Market, for example if they would create dominant companies that are likely to raise prices
