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EU Law (Adam) > Free movement of goods 2 - non-fiscal barriers > Flashcards

Free movement of goods 2 - non-fiscal barriers Flashcards

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1
Q

What does article 34 state?

A

Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between member states

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2
Q

What are QRs? Which case defines them?

A

Measures which ammount to a total or partial restraint of imports exports or goods in transit

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3
Q

What are MEQRs?

A

Measures which have the effect of barriers to trade.

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4
Q

What are the 2 types of MEQRS?

A

Distinctly applicable and indistinctly applicable

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5
Q

Define distinctly applicable MEQRs

A

Measures which do not apply equally to domestic and imported goods

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6
Q

Define indistinctly applicable MEQRs

A

Measures which do not expressly distinguish between imported and domestic products, but the effect is one of protectionism.

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7
Q

Which directive defines indistinct and distinct applicability?

A

Directive 70/50

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8
Q

Which case defined MEQRs, and how?

A

Dasson ville - all trading ules enacted by member states which are cpable of hindering directly or indirectly, actually or potentially, intra-community trade.

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9
Q

How can distinctly applicable MEQRs be justified?

A

Article 36

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10
Q

How can QRs be justified?

A

Article 36

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11
Q

How can indistinctly MEQRs be justified?

A

Article 36 and mandatory requirements

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12
Q

Firma Denkavit

A

Imported goods had to be inspected. Distinctly applicable MEQR

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13
Q

Buy Irish

A

Encouraged Irish produce over non-irish. Distinctly applicable MEQR

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14
Q

Irish Souvenirs

A

Imported Irish souvenirs had to bear the label FOREIGN. Distinctly applicable MEQR

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15
Q

Dassonville

A

Required imported products to have a certificate of origin. Distinctly applicable MEQR

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16
Q

Walter Rau

A

Belgian butter and margarine have to be different sizes. Places onerous issue on importers, therefore indistinctly applicable MEQR

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17
Q

Commision v Ireland (pipe size)

A

Ireland prescribed the pipes have to be a set size. Irish made pipes are that size. Therefore indistinctly applicable MEQR.

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18
Q

What are the 6 derogations included in article 36 TFEU?

A
  1. Public morality
  2. Public policy
  3. Public security
  4. Public health
  5. Protection of national treasures
  6. Protection of national industry/ commercial property
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19
Q

What is the the rule which applies to all the derogations?

A

Must be proportionate

20
Q

What 2 cases demosntrate public morality?

A

Henn and Darby and Conegate

21
Q

What cases demonstrate public policy?

A

R v Thompson - Coins

Cullett v Leclerc - Petrol

22
Q

What case demonstrates public security?

A

Campus oil

23
Q

Which cases demonstrate public health?

A

Commision v Germany (Beer purity) Santos (vitamins) Commision v UK (turkeys) Bluhme (bees) PreussenElektra (renewable energy)

24
Q

Which case demonstrates the proportionality aspect of article 36?

A

C v Netherlands - Blanket ban on fortified foods.

25
Q

Cassis de Dijon

A

Germany set minimum alcoholic content level. Cassis de Dijon too low. Indiscriminate MEQR, article 36 not applicable. Developed 2 defences; presumption of mutual recognition and mandartory requirements (rule of reason)

26
Q

What does the presumption of mutual recognition state?

A

Where something is legally sold in one country, so therefore must be possible to sell it in another country.

27
Q

What are mandatory requirements?

A

A set of exceptions where indiscriminately applicable MEQRs are permitted, as long as they meet these requriements which are outside article 36.

28
Q

What cases demonstrate presumption of mutual recognition?

A

Mars
Cassis
Cocoa products

29
Q

What rules are included in the mandatory requirements?

A

 Effectiveness of fiscal supervision
 Protection of public health
 Fairness of commercial transactions
 Defence of the consumer
 Protection of cultural activities (Cinetheque)
 Protection of the environment (Commission v Denmark disposable beer can)
 Protection of fundamental rights (schmidberger)

30
Q

What are selling arrangements?

A

Selling arrangements refer to who, when and where the goods are sold.

31
Q

What case set the rules on selling arrangements?

A

Keck and Mithouard - Article 34 will only apply to product requirements, not to selling arrangements provided the selling arrangement meet these 2 requirements;
Apply to all affected traders operating in the national territory
Affect in the same manner in law and in fact the marketing of domestic and imported products.

32
Q

Tankstatin (netherlands)

A

Dutch rules meant petrol statiosn had to close at night, but judged to be selling arrangement so not an MEQR, so article 34 does not apply.

33
Q

What case showed sunday trading rules are selling arrangements?

A

Stoke-on-Trent v B & Q

34
Q

De Agostini

A

Swedish ban on TV advertising to children. Not selling arrangement as discriminatory against imported goods wishing to break market, to which TV advertising necessary. Therefore article 34 applies

35
Q

Gourmet international products

A

Swedish restrictinos on alcohol sale argued that affected imported products more. rebutted on public health derogation under article 36, up to court to decide.

36
Q

herbert Karner

A

Austrian restriction on advertising goods for auction from insolvent companies. Seen as selling arrangement not MEQR.

37
Q

What rules were set in Herbert Karner?

A

ADvertising is a selling arrangement not an MEQR where;
No total ban on advertisement
There was an alternative means of advertising
Access to doestic market for imports was not made more difficult

38
Q

Fachverband v LIBRO

A

Austrian law setting minimum price for German language books. MEQR not selling arrangement as priced domestic and imported books differently

39
Q

What does article 35 state?

A

Mirror image of article 34 but exports rather than imports

40
Q

Does article 35 effect indistinctly applied MEQRs?

A

No, as this would create a situation where exporters would have to adhere to 2 sets of rules

41
Q

What exceptions apply to article 35?

A

Article 36 but not Cassis

42
Q

What exceptions apply to QRS?

A

Article 36

43
Q

What exceptions apply to distinctly applied MEQRS?

A

Article 36

44
Q

What exceptions apply to indistinctly applied MEQRs?

A

Article 36 and Cassis exceptions

45
Q

What exceptions apply to non-discriminatory selling arrangements?

A

article 36 and cassis mandatory requirements

EU Law (Adam) (15 decks)

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