Free Movement Flashcards
Where can we find the meaning of the word ‘goods’?
[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.
What is the basic principle of the free movement of goods?
That goods should move around the union unhindered, either physically or financially.
Which case defined what a quantitative restriction was?
Geddo
What was said in Geddo with regards to quantitative restrictions?
They defined it as measures which amount to a total or partial restriction of imports, exports or goods in transit.
Which case defined what is meant by an MEQR?
Dassonville
What did the case of Dassonville explain with regards to MEQR’s?
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.
The meaning of an MEQR as set out in Dassonville, is actual proof required showing that trade has been reduced?
No, there simply needs to be a ‘potential’ reduction in trade.
What is a distinctly applicable measure?
Those measures that apply only to imports.
What is an indistinctly applicable measure?
[Groenveld] Measures which apply to all goods regardless of their country of origin.
Give two case names of an distinctly applicable measure?
UHT Milk and Italian Table Wines
Give a summary of the UHT Milk case?
Requiring all importers of milk to have a licence.
Give a summary of the Italian Table Wine case?
A compulsory inspection of imports, capable of slowing down the importation process and hindering trade.
Give two case examples of indistinctly applicable measures?
Gilli and Andres and Walter Rau.
Give a brief description of Gilli and Andres?
National law requiring a product contain a specific ingredient. This required all vinegar to be sold in Italy to be made from wine.
Give a brief description of Walter Rau?
Involved packaging requirements. Requiring all margarine to be packaged in a cube only, no other shape was permitted.
Give a brief summery of the Bouhelier case?
French legislation requiring watch makers to be licensed for export.
What is the leading case on indistinctly applicable measures and give a brief description?
Groenveld - Dutch legislation banning sausage manufacturers in the Netherlands from using horse meat.
When will an indistinctly applicable measure breach article 35?
[Gysbrechts] if it’s actual effect is nonetheless greater on goods leaving the market of the exporting member state than on the domestic goods.
What are the grounds for derogation under article 36?
Public morality
Public policy
Public security
Protection of health and life of humans, animals plants.
What is public morality and give a case describing it?
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.
Name a case dealing with public policy?
[R v Thompson] involving the exportation of old British silver coins justified as they were protecting their mint coinage.
Name a case dealing with public security?
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.
How are the ECJ vigilant in stopping article 36 from being abused?
They insist on real international scientific research [Greenham and Abel].
Name two cases dealing with protection of health and life of humans?
Toolex Aplha and Greenham and Abel.
What points were made in the case of Greenham and Abel?
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.
What was said about uncertainty in scientific research in the case of Sandoz?
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.
Give an example of arbitrary discrimination?
Conegate - British authorities impounded German love dolls on the grounds that they were obscene, yet they were being manufactured in their own country.
What are the Cassis de Dijon mandatory requirements?
- fairness of commercial transactions
- consumer protection
- environmental protection
- cultural protection
- road safety
- protection of fundamental rights
- protection of children
- fight against crime
What was said in the Estée Lauder case?
The ECJ attributes a fair amount of intelligence and sophistication to consumers.
Name a case that deals with the Cassis requirement fairness of commercial transactions?
Oosthoek’s - free gifts could mislead customers as to the real price of products.
Name a case that deals with the Cassis mandatory requirement Of consumer protection?
Schmuckhandels - prohibiting sale of jewellery door to door as there was a higher risk of the consumer being cheated.
