Free movement of goods Flashcards
Where can the provision of measures having equivalent effect be found?
-Art. 34 TFEU
How does one determine what “goods” are?
- can be sold, subject of commercial transactions
- Tangible, physical
-EXCEPT: waste, electricity, human corpses,etc.
How does one determine what a measure having equivalent effect is?
- Case law!
-Dassonville- C5:
-Trading rules
-capable of hindireing (direct + indirect) TRADE within union
- C5:
Are product requirements measures having equivalent effect?
Yes!
What is the principle which opposes restrictions of trade based on differing national product requirements?
- principle of mutual recognition ( Cassis de Dijon)
What is the case law which relates to whether all measures refulating the flow of goods is an MEE?
- Krantz
Are all measures which affect flow of goods MEES? (E.g: seizure of products)
No, because effect on flow of trade as a whole not always sure (Krantz)
What does Art. 110 TFEU do?
-Bans internal taxation any which is applied to a member states’ products to products of another member state
Are custom duties allowed in the EU?
- NO (Art.30 TFEU)
Where can the provision on custom duties be found?
-Art. 30 TFEU
Main provisions on free movements of goods
-Art 30 TFEU
-Art 110 TFEU
-Art 34 TFEU
-Art 36 TFEU
What does the statistical levy case conclude about free movement of goods
-When it comes to custom duties and charges having equivalent effect
-deminis principle
-even if small, nono
What are selling arrangements?
- Rules about the ways in which products are sold
-opening hours for shops
-rules regarding marketing
Explain the Keck exception?
- 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
- if they don’t discriminate against foreign products in law or in fact
What is the difference between product requirements and selling arrangements?
Product requirements–> standards to be met by the goods itself
Selling arrangements–> how that good was sold
(Clarified in Familiapress)
Where can the justifications for a restriction on the free movements of goods be found?
-Art. 36 TFEU
- Mandatory requirements (from case law)
TRUE or FALSE: the definition of selling arrangement and product requirements is delineated in case law
-YES- Keck
Explain the structure of applying Art. 34 TFEU
- Is Art. 34 Applicable?
-Does the case involve goods?
-Harmonisation?
-Cross border element? - Material scope
-Quanti. Restriction or MEE
3.Justifications
-Art. 36 TFEU
-Mandatory requirements
TRUE or FALSE: The requirements of suitability are outlined in Kranz
- No, Italian trailers
TRUE or FALSE: taxation is also regulated by Art. 34 TFEU
-FALSE- Art. 30 TFEU
TRUE or FALSE: the EU has no competence to regulate domestic taxation
-half true
-can only do when it’s indirect taxation (VAT v. property tax–> collected indirectly thru sale of smth else)
-Art. 110
What did Dassonville conclude about the free movevement of goods
- Defined what an MEE is
TRUE or FALSE: Selling requirements are MEEs
-no
-unless discriminate against foreign goods
What did Cassis de Dijon conclude about the free movement of goods
-indist. app
-MEE
-can hv justi.
-Man. Requ.
