Free Movement Of Goods Flashcards
Which Articles govern the free movement of goods? What do they say?
Articles 34-36 TFEU.
Article 34 - prohibits quotas and measures having the equivalent effect as quantitative restrictions (MEQRs).
It seeks to limit protectionist policies.
Article 36 protects important national interests.
What does Wilsher say about Article 34?
As there is no clear conception of discrimination, it is difficult to fully understand Article 34’s purpose.
What is an MEQR?
A measure which hinders trade directly or indirectly (Dassonville) - an exceptionally broad definition.
Quantitative restrictions are now very rare but MEQRs can still be disguised as legitimate policy aims.
What was the decision in Dassonville?
A Belgian law required that products being imported required certificates.
Dassonville was not importing whisky directly from the UK so did not have such certificates.
This measure was an MEQR - Regan argues that this breadth misrepresents Article 34.
What else may count as an MEQR?
Commission v Ireland (Buy Irish case) - encouraging consumers to purchase domestic goods.
Commission v Austria - heavy goods vehicles being prohibited from using alpine passes disproportionately hindered imports.
AGM Case - even a pronouncement by a public official can be an MEQR.
Which modern cases have extended Dassonville?
These cases have extended Dassonville to situations where the impact is not cross-border.
Commission v Italy - prohibiting the towing of a trailer behind a motorcycle affected the market access of trailer companies.
Mickelsson v Roos (Swedish Jetski) - limiting the use of jet skis removed the jet ski market.
Alfa Vita - Greek requirements for Greek bakeries were deemed an MEQR.
In what case did the ECJ find no MEQR and why?
Schmidberger - Austria balanced the right to protest with free movement.
The protest was peaceful and for a limited amount of time so it was not an MEQR.
What were the facts and decision of Cassis de Dijon?
A French blackcurrant liqueur could not be sold in Germany as a liqueur as it did not meet the 25% limit imposed by German law.
Applying product standards to imported goods hinders their importation and constitutes MEQRs.
What two developments did Cassis introduce?
Mutual Recognition - if products comply with homestate rules then they can be sold in other states.
Mandatory Requirements - public interest objectives may justify limitations to importation.
What are the pros of mutual recognition?
Joerges - it is a good mediation between the interests of member states.
It stops products from being subjected to double-regulation.
It embodies the idea of ‘different but equal’.
What are the cons of mutual recognition?
Safety standards are not equal across all states.
Harmonisation does a better job of ensuring equal standards across the Union.
Explain mandatory requirements.
Mandatory requirements are an open-ended category and so much of the post-Cassis debate has been on whether measures are mandatory requirements.
German Beer case - a measure defining beer strictly was disproportionate.
Commission v France - foreign foie gras could not be expected to be produced in the exact same way as in France.
What was the decision in Keck?
Selling arrangements could be exceptions to MEQRs.
What is the difference between selling arrangements and product requirements?
Anything linked to the physical production of the product will be a product requirement I.e. Schwarz where bubblegum being sold in vending machines had to be pre-packaged.
Anything relating to the selling of the product is a selling arrangement I.e. Morellato where semi-baked bread had to be pre-packaged - but it was the seller who had to do this, not the producer.
What did Gourmet International find?
Advertising restrictions unequally affected foreign products by way of entering new markets.
