Free movement of goods 2 - non-fiscal barriers

Question 1

What does article 34 state?

Answer 1

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

Question 2

What are QRs? Which case defines them?

Answer 2

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

Question 3

What are MEQRs?

Answer 3

Measures which have the effect of barriers to trade.

Question 4

What are the 2 types of MEQRS?

Answer 4

Distinctly applicable and indistinctly applicable

Question 5

Define distinctly applicable MEQRs

Answer 5

Measures which do not apply equally to domestic and imported goods

Question 6

Define indistinctly applicable MEQRs

Answer 6

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

Question 7

Which directive defines indistinct and distinct applicability?

Answer 7

Directive 70/50

Question 8

Which case defined MEQRs, and how?

Answer 8

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

Question 9

How can distinctly applicable MEQRs be justified?

Answer 9

Article 36

Question 10

How can QRs be justified?

Answer 10

Article 36

Question 11

How can indistinctly MEQRs be justified?

Answer 11

Article 36 and mandatory requirements

Question 12

Firma Denkavit

Answer 12

Imported goods had to be inspected. Distinctly applicable MEQR

Question 13

Buy Irish

Answer 13

Encouraged Irish produce over non-irish. Distinctly applicable MEQR

Question 14

Irish Souvenirs

Answer 14

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

Question 15

Dassonville

Answer 15

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

Question 16

Walter Rau

Answer 16

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

Question 17

Commision v Ireland (pipe size)

Answer 17

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

Question 18

What are the 6 derogations included in article 36 TFEU?

Answer 18

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

Question 19

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

Answer 19

Must be proportionate

Question 20

What 2 cases demosntrate public morality?

Answer 20

Henn and Darby and Conegate

Question 21

What cases demonstrate public policy?

Answer 21

R v Thompson - Coins

Cullett v Leclerc - Petrol

Question 22

What case demonstrates public security?

Answer 22

Campus oil

Question 23

Which cases demonstrate public health?

Answer 23

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

Question 24

Which case demonstrates the proportionality aspect of article 36?

Answer 24

C v Netherlands - Blanket ban on fortified foods.

Question 25

Cassis de Dijon

Answer 25

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)

Question 26

What does the presumption of mutual recognition state?

Answer 26

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

Question 27

What are mandatory requirements?

Answer 27

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

Question 28

What cases demonstrate presumption of mutual recognition?

Answer 28

Mars Cassis Cocoa products

Question 29

What rules are included in the mandatory requirements?

Answer 29

 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)

Question 30

What are selling arrangements?

Answer 30

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

Question 31

What case set the rules on selling arrangements?

Answer 31

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.

Question 32

Tankstatin (netherlands)

Answer 32

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.

Question 33

What case showed sunday trading rules are selling arrangements?

Answer 33

Stoke-on-Trent v B & Q

Question 34

De Agostini

Answer 34

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

Question 35

Gourmet international products

Answer 35

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

Question 36

herbert Karner

Answer 36

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

Question 37

What rules were set in Herbert Karner?

Answer 37

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

Question 38

Fachverband v LIBRO

Answer 38

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

Question 39

What does article 35 state?

Answer 39

Mirror image of article 34 but exports rather than imports

Question 40

Does article 35 effect indistinctly applied MEQRs?

Answer 40

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

Question 41

What exceptions apply to article 35?

Answer 41

Article 36 but not Cassis

Question 42

What exceptions apply to QRS?

Answer 42

Article 36

Question 43

What exceptions apply to distinctly applied MEQRS?

Answer 43

Article 36

Question 44

What exceptions apply to indistinctly applied MEQRs?

Answer 44

Article 36 and Cassis exceptions

Question 45

What exceptions apply to non-discriminatory selling arrangements?

Answer 45

article 36 and cassis mandatory requirements