Free movement

Question 1

What does Article 110 TFEU says?

Answer 1

Article 110 TFEU prohibits discriminatory taxation

Paragraph 1: it prohibits foreign goods being taxed in excess of similar domestic goods

Paragraph2: it allows internal taxes that indirectly protect domestic goods by disadvantaging foreign goods (e.g: Uk Beer v Wine)

Question 2

What does Article 30 TFEU says?

Answer 2

It prohibits custom duties (even of fiscal nature) or charges having equivalent effect on either imports or exports
(Art. 30 doesn’t discriminate between imports and exports)

Question 3

What are the three integration models and what do they say?

Answer 3

• INTERNATIONAL MODEL –> HOST STATE RULE: The host State can impose all its domestic laws on foreign goods; yet it must not discriminate against imports
• FEDERAL MODEL –> HOME STATE RULE: Principle of Mutual recognition: goods can move freely in the Union, as long as they comply with national laws of their Home State
• NATIONAL MODEL –> all trade restriction that breach a uniform Union standard must be removed

Question 4

To who do the 4 fundamental freedom (free movement of goods, free movement of people, free movement of service, free movement of capital) apply to?

Answer 4

Only Article that specifies is Art 110 TFEU (prohibits discriminatory taxation) and it refers to MEMBER STATES.

Walrave: free movement of persons and services also extend to private parties when acting like a state. Questo NON VALE per free movement of goods –> Challenged in Fra.Bo Case in which the Court found a private party to be bound by free movement of good)

Question 5

Which Article applies to protect a foreign good from internal taxation?

Answer 5

Article 110 TFEU

Question 6

What are regulatory barriers? Which Article talks about them

Answer 6

Regulatory barriers are legal barriers to trade that cannot be overcome by the payment of money. They potentially range from a complete ban on (foreign) goods to the partial restriction of a product’s use.

• Regulatory barriers on IMPORTS are prohibited in Article 34
• Regulatory barriers on EXPORTS are prohibited in Article 35
• Article 36: regulatory barriers could be justified when they provide public interest