FMG - Non-fiscal barriers Flashcards
Geddo
Measures which amount to a total or partial restraint…of imports, exports, or goods in transit
Henn & Darby
restriction of hardcore pornography acceptable as not widely available in UK. Justified on moral derogation
Article 34
Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between member states
Directive 70/50
No longer in operation, but shows understanding of MEQRs. 2 categories distinctly and indistinctly applicable MEQrs; distinct (restriction on basis of origin) indistinct (restriction which has the effect of disadvantaging imported products)
Dassonville
Definition of MEQR -‘All trading rules enacted by member states which are capable of hindering , directly or indirectly, actually or potentially, intra-community trade’
Firma Denkavit
Imported goods should be inspected. Restricted imported goods, therefore contravenes article 34
Buy Irish Case
Promoted Irish goods above imported goods, so has protectionist effect, and breaches art 34
Comm v Ireland (Irish Souvenirs)
Made law that Irish souvenirs had to say where they were from and print on the product foreign if not made in ireland. MEQR distinct, breaches art 34
Dassonville
Belgian requirement for certificate of origin for Scottish whiskey was indistinctly applicable MEQR
Commision v Ireland (pipe size)
Ireland prescribed that pipes had to be certain size. No justification behind this, just certain pipe specification manufactured in Ireland. Therefore beneficial to domestic products.
Article 36
derogations against article 34 - Public morality Public policy Public security The protection of health and life of humans, plants or animals Protection of national treasures (artistic, historic or archaeological) Protection of industrial and commercial property
Conegate
Tried to prohibit the importation of blow up love dolls on public morality grounds. Not applicable as manufactured its own
R v Thompson
Uk banned export of silver coins on basis of devaluation of the mint
Cullet v Leclerc
- leclerc tried to sell petrol at supermarkets at discounted rate. Contravened French law, leclerc took law to CJ who ruled it was protectionist as it stopped importers from joining market. Public policy excuse failed as claimed ‘rioting in streets’…no.
Campus Oil
Irish law that when oil imported required to buy 35% from state owned refinery, as Ireland has no own oil source so issue of national security to have a store of oil
Commission v Germany
Refused to import beer which claimed had long term negative health effects. CJ ruled inconclusive scientific evidence, therefore no sufficient health risk