Free Movement

Question 0

Where can we find the meaning of the word ‘goods’?

Answer 0

[Export of Art Treasures] defined it as products which can be valued in money and which are capable of forming the subject of commercial transactions.

Question 1

What is the basic principle of the free movement of goods?

Answer 1

That goods should move around the union unhindered, either physically or financially.

Question 2

Which case defined what a quantitative restriction was?

Answer 2

Geddo

Question 3

What was said in Geddo with regards to quantitative restrictions?

Answer 3

They defined it as measures which amount to a total or partial restriction of imports, exports or goods in transit.

Question 4

Which case defined what is meant by an MEQR?

Answer 4

Dassonville

Question 5

What did the case of Dassonville explain with regards to MEQR’s?

Answer 5

All trading rules enacted by member states which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade are to be considered as measures having an effect equivalent to quantitative restrictions.

Question 6

The meaning of an MEQR as set out in Dassonville, is actual proof required showing that trade has been reduced?

Answer 6

No, there simply needs to be a ‘potential’ reduction in trade.

Question 7

What is a distinctly applicable measure?

Answer 7

Those measures that apply only to imports.

Question 8

What is an indistinctly applicable measure?

Answer 8

[Groenveld] Measures which apply to all goods regardless of their country of origin.

Question 9

Give two case names of an distinctly applicable measure?

Answer 9

UHT Milk and Italian Table Wines

Question 10

Give a summary of the UHT Milk case?

Answer 10

Requiring all importers of milk to have a licence.

Question 11

Give a summary of the Italian Table Wine case?

Answer 11

A compulsory inspection of imports, capable of slowing down the importation process and hindering trade.

Question 12

Give two case examples of indistinctly applicable measures?

Answer 12

Gilli and Andres and Walter Rau.

Question 13

Give a brief description of Gilli and Andres?

Answer 13

National law requiring a product contain a specific ingredient. This required all vinegar to be sold in Italy to be made from wine.

Question 14

Give a brief description of Walter Rau?

Answer 14

Involved packaging requirements. Requiring all margarine to be packaged in a cube only, no other shape was permitted.

Question 15

Give a brief summery of the Bouhelier case?

Answer 15

French legislation requiring watch makers to be licensed for export.

Question 16

What is the leading case on indistinctly applicable measures and give a brief description?

Answer 16

Groenveld - Dutch legislation banning sausage manufacturers in the Netherlands from using horse meat.

Question 17

When will an indistinctly applicable measure breach article 35?

Answer 17

[Gysbrechts] if it’s actual effect is nonetheless greater on goods leaving the market of the exporting member state than on the domestic goods.

Question 18

What are the grounds for derogation under article 36?

Answer 18

Public morality
Public policy
Public security
Protection of health and life of humans, animals plants.

Question 19

What is public morality and give a case describing it?

Answer 19

It is something for member states to decide in accordance with their own values [Henn and Darby] - the importation of obscene materials was illegal in the UK.

Question 20

Name a case dealing with public policy?

Answer 20

[R v Thompson] involving the exportation of old British silver coins justified as they were protecting their mint coinage.

Question 21

Name a case dealing with public security?

Answer 21

Richardt - ECJ held that member states were entitled to invoke public security to regulate the importation, exportation and transit of goods capable of being used for strategic (military) purposes.

Question 22

How are the ECJ vigilant in stopping article 36 from being abused?

Answer 22

They insist on real international scientific research [Greenham and Abel].

Question 23

Name two cases dealing with protection of health and life of humans?

Answer 23

Toolex Aplha and Greenham and Abel.

Question 24

What points were made in the case of Greenham and Abel?

Answer 24

Member states must back up their points with international scientific research. If there is scientific uncertainty the member state may take protective measures without having to wait until these risks are demonstrated.

Question 25

What was said about uncertainty in scientific research in the case of Sandoz?

Answer 25

It is for the member state to decide what degree of protection they want to insure but they need to take proportionality into account and restrict what is necessary to protect life.

Question 26

Give an example of arbitrary discrimination?

Answer 26

Conegate - British authorities impounded German love dolls on the grounds that they were obscene, yet they were being manufactured in their own country.

Question 27

What are the Cassis de Dijon mandatory requirements?

Answer 27

• fairness of commercial transactions
• consumer protection
• environmental protection
• cultural protection
• road safety
• protection of fundamental rights
• protection of children
• fight against crime

Question 28

What was said in the Estée Lauder case?

Answer 28

The ECJ attributes a fair amount of intelligence and sophistication to consumers.

Question 29

Name a case that deals with the Cassis requirement fairness of commercial transactions?

Answer 29

Oosthoek’s - free gifts could mislead customers as to the real price of products.

Question 30

Name a case that deals with the Cassis mandatory requirement Of consumer protection?

Answer 30

Schmuckhandels - prohibiting sale of jewellery door to door as there was a higher risk of the consumer being cheated.