Free Movement of Goods

Question 1

What are “goods”? Which case?

Answer 1

Anything of monetary value and capable of being the basis of a commercial transaction (Commission v Italy)

Question 2

What is a QR? Which case?

Answer 2

Risiera Luisi Geddo:

“Measures which relate to a total or partial restraint of goods in transit”

Question 3

What is an MEQR? Which case?

Answer 3

Dassonville:

“All trading rules which, directly or indirectly, actually or potentially, are capable of hindering intra-community trade”.

Question 4

Do measures need to be binding?

Answer 4

No Commission v Ireland.

Question 5

The actual hindrance to trade is not required, only the potential to affect trade. Which case?

Answer 5

Commission v Ireland

Question 6

A licensing requirement for milk was found to be an MEQR. Which case?

Answer 6

UHT Milk

Question 7

A requirement to repackage in the UK was an MEQR. Which case?

Answer 7

UHT Milk

Question 8

A requirement to mark the country of origin was an MEQR. Which case?

Answer 8

Irish Souvenirs (Origin Marking)

Question 9

A law will be a selling arrangement if i) the law applies to all traders ii) the law affects domestic and imported goods in the same way and iii) it relates to how goods are sold. Which case?

Answer 9

Keck

Question 10

Shop opening hours are selling arrangements. Which case?

Answer 10

Punto Casa

Question 11

A ban on fuel adverts was a selling arrangement. Which case?

Answer 11

Leclerc

Question 12

A ban on selling baby milk away from pharmacies was a selling arrangement. Which case?

Answer 12

Commission v Greece

Question 13

In which case was it decided that German rules preventing pharmacists from advertising para-pharmaceutical products except in their dispensaries were pure selling arrangements which did not restrict the free movement of goods?

Answer 13

Hunermund,

Question 14

In which case was it decided that a requirement for food shops to have a permanent base was an MEQR?

Answer 14

Schutzverbrand

Question 15

In what case it found that measures that relate to product charcateristics or packaging will always be MEQRs?

Answer 15

Mars Ice Cream

Question 16

In what case was it found that asking a brand to change it’s name was an MEQR?

Answer 16

Clinique (Linique)

Question 17

In which case was it found that the public morality justification under Article 36 TFEU could prevent items being imported that were illegal?

Answer 17

R v Henn and Darby

Question 18

Preventing inflatable sex dolls entering the UK was not justifiable. Which case?

Answer 18

Conegate

Question 19

Preventing the export of historic coins in case they were melted down was justifiable and not an MEQR. Which case?

Answer 19

R v Thompson

Question 20

Failing to prevent motorway closures resulting from angry farmers was an MEQR. Which case?

Answer 20

Commission v France

Question 21

Failing to prevent a short term motorway closure was not an MEQR. Which case?

Answer 21

Eugen Schidberger

Question 22

The requirement for fuel to contain a percentage from national refineries was justified on grounds of national security. Which case?

Answer 22

Campus Oil

Question 23

In which case was it found that indistinctly applicable measures can be justified outside the treaty exceptions?

Answer 23

Cassis

Question 24

When will Cassis apply?

Answer 24

1. Necessary to fulfill a mandatory requirement
2. Appropriate
3. Doesn’t go further than is required (Walter Rau)

Question 25

What are the four mandatory requirements under Cassis?

Answer 25

Effectiveness of fiscal supervision
Protection of public health
Fairness of commercial transactions
Defence of the consumer

Question 26

What has the Cassis list of mandatory requirements been extended to include?

Answer 26

Protection of culture (Cineteque)

Protection of the environment (Commission v Denmark)