FREE MOVEMENT GOODS A34/35/36 Flashcards
A34?
Bans quantitative restrictions on imports
What is a quantitative restriction?
Blanket ban
Quota
A35?
Bans quantitative restrictions on exports
A36?
Exhaustive list of justifications for quantitative restrictions on imports/exports
What is an MEQR?
Measure equivalent to quantitative restrictions
What is the stance on MEQRs?
We’re completely banned, but are developing to be allowed if they meet certain criteria
DIRECTIVE 70/50?
- 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
DASSONVILLE 1974
- Gave an incredibly broad definition of MEQRs
- ‘Any measure capable of hindering intra-community trade’
- To broad to be of any use
CASSIS DE DIJON 1979
- 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
What does distinctly applicable MEQR mean?
It only applies to imports
Are discriminatory so are never allowed
What is an indistinctly applicable MEQR?
Applies to both imports and exports, are allowed if they meet the two rules found in CASSIS DE DIJON 1979
What are the two rules of MEQRs as per CdD 1979?
1) Rule of Reason
2) Rule of Mutual Recognition
What is the Rule of Reason?
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
What is the Rule of Recognition?
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
Which case said MEQRs could also be allowed as part of a ‘selling agreement’?
KECK 1993
Which other 3 cases support this view of a selling agreement allowing for indistinctly MEQRs?
HUNERMUND 1992
LECLERC 1993
STOKE ON TRENT v B&Q 1992
HUNERMNUD 1992
- Involved how pharmaceuticals were allowed to be advertised
- Advertisements are part of how goods are sold = selling agreement
- Allowed
LECLERC 1993
- Goods advertised on TV can also be restricted as it involves the agreement on how they are sold
STOKE ON TRENT v B&Q 1992
- 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
What are the 6 justifications for quantitative restrictions on import/export found in A36?
- Public morality
- Public policy
- National security
- Protection of life/health of humans, plants and animals
- Protection of national treasures
- Protection industrial/commercial property (includes itellectual property)
Case for public morality under A36
HENN & DERBY 1979
- UK banned import of certain types of porn that was illegal here
- Allowed
Case for public policy under A36
THOMPSON 1978
- Wanted to export his coin collection
- Items of national interest -> restriction on export allowed
Case for national security under A36
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
Case on protections of life/health of humans, plants and animals under A36
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
