FREE MOVEMENT GOODS A34/35/36

Question 1

A34?

Answer 1

Bans quantitative restrictions on imports

Question 2

What is a quantitative restriction?

Answer 2

Blanket ban

Quota

Question 3

A35?

Answer 3

Bans quantitative restrictions on exports

Question 4

A36?

Answer 4

Exhaustive list of justifications for quantitative restrictions on imports/exports

Question 5

What is an MEQR?

Answer 5

Measure equivalent to quantitative restrictions

Question 6

What is the stance on MEQRs?

Answer 6

We’re completely banned, but are developing to be allowed if they meet certain criteria

Question 7

DIRECTIVE 70/50?

Answer 7

• Gave a non-exhaustive list of MEQRs that were not allowed

- Pretty pointless as the list was no-exhaustive, so definition was impossible to find

Question 8

DASSONVILLE 1974

Answer 8

• Gave an incredibly broad definition of MEQRs
• ‘Any measure capable of hindering intra-community trade’
• To broad to be of any use

Question 9

CASSIS DE DIJON 1979

Answer 9

• Gave a clear definition of an MEQR
• Split them into to categories:
  (i) DISTINCTLY APPLICABLE
  (ii) INDISTINCTLY APPLICABLE
• Also set out 2 rules to allow MEQRS

Question 10

What does distinctly applicable MEQR mean?

Answer 10

It only applies to imports

Are discriminatory so are never allowed

Question 11

What is an indistinctly applicable MEQR?

Answer 11

Applies to both imports and exports, are allowed if they meet the two rules found in CASSIS DE DIJON 1979

Question 12

What are the two rules of MEQRs as per CdD 1979?

Answer 12

1) Rule of Reason

2) Rule of Mutual Recognition

Question 13

What is the Rule of Reason?

Answer 13

Indistinctly MEQRs are allowed if they:

(i) Protect a states culture (CINETHEQUE 1985)
(ii) Protect the environment (C v DENMARK 1988)
(iii) Protect the consumer

Non-exhaustive list, just must be reasonable and non-discriminatory

Question 14

What is the Rule of Recognition?

Answer 14

If something is allowed in one state it should be allowed in another
WALTER ROU 1982
- Belgium said all margarine must be sold in cubes
- Ruled as inapplicable as other MSs sold their margarine in different shapes so it was discriminatory

C V GERMANY 1987

• Germany introduced beer purity laws -> had to pass a test to allow the beer to be imported
• Ruled as discriminatory because it was the German ideal of the perfect beer

Question 15

Which case said MEQRs could also be allowed as part of a ‘selling agreement’?

Answer 15

KECK 1993

Question 16

Which other 3 cases support this view of a selling agreement allowing for indistinctly MEQRs?

Answer 16

HUNERMUND 1992
LECLERC 1993
STOKE ON TRENT v B&Q 1992

Question 17

HUNERMNUD 1992

Answer 17

• Involved how pharmaceuticals were allowed to be advertised
• Advertisements are part of how goods are sold = selling agreement
• Allowed

Question 18

LECLERC 1993

Answer 18

• Goods advertised on TV can also be restricted as it involves the agreement on how they are sold

Question 19

STOKE ON TRENT v B&Q 1992

Answer 19

• B&Q complained that Sunday trading laws were effecting their trade
• It was an indistinctly MEQR to do with selling arrangement, so was allowed
• Also linked to Rule of Reason -> protection of culture (CINETHEQUE 1985§) in CdD 1979

Question 20

What are the 6 justifications for quantitative restrictions on import/export found in A36?

Answer 20

1. Public morality
2. Public policy
3. National security
4. Protection of life/health of humans, plants and animals
5. Protection of national treasures
6. Protection industrial/commercial property (includes itellectual property)

Question 21

Case for public morality under A36

Answer 21

HENN & DERBY 1979

• UK banned import of certain types of porn that was illegal here
• Allowed

Question 22

Case for public policy under A36

Answer 22

THOMPSON 1978

• Wanted to export his coin collection
• Items of national interest -> restriction on export allowed

Question 23

Case for national security under A36

Answer 23

CAMPUS OIL 1983

• Ireland exported oil, but during a global shortage of oil they were allowed to put a quota on export
• This was because if they were to run out = no power so was in the interest of national security

Question 24

Case on protections of life/health of humans, plants and animals under A36

Answer 24

C v UK 1982

• FAILED
• UK claimed ban on French turkeys at Xmas was due to concern for French turkeys health
• Clearly a ploy to support UK farmers
• Must be genuine reason

Question 25

Case for protection of national treasures under A36

Answer 25

ITALIAN ART 1969

• Under A30 a customs duty on export was not allowed
• BUT under A35 a ban/quota on export of the goods themselves was allowed as it qualified under A36 as an exception
• Similar to THOMPSON 1978