Free movement of goods

Question 1

Where can the provision of measures having equivalent effect be found?

Answer 1

-Art. 34 TFEU

Question 2

How does one determine what “goods” are?

Answer 2

• can be sold, subject of commercial transactions
• Tangible, physical
  -EXCEPT: waste, electricity, human corpses,etc.

Question 3

How does one determine what a measure having equivalent effect is?

Answer 3

• Case law!
  -Dassonville
  
  • C5:
    -Trading rules
    -capable of hindireing (direct + indirect) TRADE within union

Question 4

Are product requirements measures having equivalent effect?

Answer 4

Yes!

Question 5

What is the principle which opposes restrictions of trade based on differing national product requirements?

Answer 5

• principle of mutual recognition ( Cassis de Dijon)

Question 6

What is the case law which relates to whether all measures refulating the flow of goods is an MEE?

Answer 6

• Krantz

Question 7

Are all measures which affect flow of goods MEES? (E.g: seizure of products)

Answer 7

No, because effect on flow of trade as a whole not always sure (Krantz)

Question 8

What does Art. 110 TFEU do?

Answer 8

-Bans internal taxation any which is applied to a member states’ products to products of another member state

Question 9

Are custom duties allowed in the EU?

Answer 9

• NO (Art.30 TFEU)

Question 10

Where can the provision on custom duties be found?

Answer 10

-Art. 30 TFEU

Question 11

Main provisions on free movements of goods

Answer 11

-Art 30 TFEU
-Art 110 TFEU
-Art 34 TFEU
-Art 36 TFEU

Question 12

What does the statistical levy case conclude about free movement of goods

Answer 12

-When it comes to custom duties and charges having equivalent effect
-deminis principle
-even if small, nono

Question 13

What are selling arrangements?

Answer 13

• Rules about the ways in which products are sold
  -opening hours for shops
  -rules regarding marketing

Question 14

Explain the Keck exception?

Answer 14

• restrictions to selling arrangements ( the ways products are sold)
  -are not inherently MEEs
  
  • if they don’t discriminate against foreign products in law or in fact
    -don’t necessarily hinder foreign products ACCESS to the market any more than access of domestic products

Question 15

What is the difference between product requirements and selling arrangements?

Answer 15

Product requirements–> standards to be met by the goods itself
Selling arrangements–> how that good was sold

(Clarified in Familiapress)

Question 16

Where can the justifications for a restriction on the free movements of goods be found?

Answer 16

-Art. 36 TFEU
- Mandatory requirements (from case law)

Question 17

TRUE or FALSE: the definition of selling arrangement and product requirements is delineated in case law

Answer 17

-YES- Keck

Question 18

Explain the structure of applying Art. 34 TFEU

Answer 18

1. Is Art. 34 Applicable?
   -Does the case involve goods?
   -Harmonisation?
   -Cross border element?
2. Material scope
   -Quanti. Restriction or MEE
   3.Justifications
   -Art. 36 TFEU
   -Mandatory requirements

Question 19

TRUE or FALSE: The requirements of suitability are outlined in Kranz

Answer 19

• No, Italian trailers

Question 20

TRUE or FALSE: taxation is also regulated by Art. 34 TFEU

Answer 20

-FALSE- Art. 30 TFEU

Question 21

TRUE or FALSE: the EU has no competence to regulate domestic taxation

Answer 21

-half true
-can only do when it’s indirect taxation (VAT v. property tax–> collected indirectly thru sale of smth else)
-Art. 110

Question 22

What did Dassonville conclude about the free movevement of goods

Answer 22

• Defined what an MEE is

Question 23

TRUE or FALSE: Selling requirements are MEEs

Answer 23

-no
-unless discriminate against foreign goods

Question 24

What did Cassis de Dijon conclude about the free movement of goods

Answer 24

-indist. app
-MEE
-can hv justi.
-Man. Requ.

Question 25

What did the Outokompu test conclude about the free movement of goods?

Answer 25

• internal taxation on goods allowed
  -as long as don’t discriminate