eu law Flashcards
dassonvile
definition of MEQR- any trading rule that is capable of hindering, directly or indirectly, potentially or actually intra community trade
cassis de dijon
goods lawfully marketed in one MS must be accepted in another MS unless being objectively justified
commission v Belgium
environmental protection as justification under 36 TFEU
Gerhard
definition of establishment - pursuing stable and continuous activity in another MS
+ Principle of proportionality requires that any restrictive measure must be appropirate necessary and proportionate to achieve their objective
Reyners
discriminatory measures must be justified by overriding public interest grounds
statistical levy
any charge is a breach under 30 TFEU if it hinders market
state aid
- The measure must confer an advantage unavailable under normal market conditions
- it involves state resources
- advantage is selective
- measure affects trade
worker
Individuals engages in any effective economic activity, regardless of the level of the income
kempf
individuals earning minimal wages, supplemented by socials benefits are still workers
Aranyosi and caldararu
The national court must identify systemic or generalized deficiencies in the issuing state’s judiciary
LM
Clarified that deficiencies msy create a specific and individualized risk for the individuals concerned
hofner
undertakings hindering competition
quinine
informal agreements (gentleman’s agreements) extending to sales in the common market violate article 101(1)TFEU
wood pulp
when the firms in the market with a few sellers and high transparency had set uniform prices, the court examined whether this was due to natural market conditions or collusion. parallel pricing alone doesn’t constitute a concerned practice unless its the only plausible explanation.
micheline
products with unique characteristics and uses may constitute separate markets
defining relevant market:
product- (demand and supply side), geographic, temporal (markets can change over time)
united brands
dominant firms cannot refuse reasonable orders from longstanding customers
to trigger art 101
agreement, concerted practice, decision
levin
part time workers
plaumann
Copenhagen criteria