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EU Law > Free Movement of Goods > Flashcards

Free Movement of Goods Flashcards

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1
Q

Italian Art

A

Goods = products that can be valued in money and are capable of forming the basis of commercial transactions

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2
Q

Diamentarbeiders

A

CEEs are strictly prohibited, even if non-protectionist and for social benefit

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3
Q

Bresciani

A

Charge must be benefit to the importer to be lawful

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4
Q

Statistical Levy

A

CEE = charge imposed imposed unilaterally on goods by reason of them crossing the border, and is not a customs duty in the strict sense (consideration for service provided to an importer)
Irrrelevant - size, designation, mode of application, benefit to the state, non-discriminatory, non-protectionist

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5
Q

Belgian Warehouses

A

The service must be at the request of the importer

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6
Q

Dansk Denkavit

A

A levy to fund the cost of foodstuffs crossing the border is lawful if it also applies to domestic products

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7
Q

Commission v Germany (Animal inspections)

A

Article 30 does not apply to a system of internal dues or a proportionate payment for a service rendered to the importer, or is required by community law
Charge must not exceed the cost of the inspection
Must be obligatory and uniform for all relevant products within the EU
Must be prescribed by EU law and in the general interests of the union
Must ultimately increase the free movement of goods by removing barriers caused by unilaterally imposed measures

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8
Q

Lutticke

A

CEEs and internal taxation are covered by two mutually exclusive systems
Article 110 has direct effect

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9
Q

Commission v Netherlands

A

An inspection is lawful if the obligation is uniformly imposed on all Member States by reason of international treaty

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10
Q

Levy on Reprographic Machinery

A

Tax = a general system of internal dues applied systematically to categories of products irrespective of their origin
Distinctly applicable taxes will be unlawful where domestic production is negligible and serves a protectionist effect

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11
Q

John Walker

A

Needs are determined from consumers’ perspective, characteristics are objectively determined

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12
Q

Commission v Denmark (Fruit and Grape Wines)

A

Products will be similar if they meet the same consumer needs

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13
Q

Commission v France (Spirits)

A

Similarity = similar and comparable use
Products may not be similar but may be in competition - would a consumer switch if one became more expensive or unavailable?

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14
Q

Rewe Zentrale

A

Test for similar products: whether, at the same stage of production and marketing, the products had similar characteristics and met the same needs of the consumer

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15
Q

Regenerated Oil

A

Direct discrimination cannot be justified

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16
Q

Humblot

A

Tax system was indirectly discriminatory as it had the effect of cancelling out the competitive advantage of imported cars

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17
Q

Commission v Greece

A

Indirect discrimination can be justified

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18
Q

Chemical Farmaceutici

A

Indirect discrimination may be justified if there is an objective distinction between the products, it pursues a legitimate aim, and other legislation is not discriminatory

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19
Q

Commission v Belgium (Wine)

A

Wine and beer were in competition, but the higher tax rate was insignificant when considered with the higher price of wine, so it did not affect consumer behaviour

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20
Q

Commission v UK (Wine and beer)

A

Tax policies cannot crystallise consumer behaviour in order to justify protectionist policies in regards to domestic products

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21
Q

Nationale Road v Belgium

A

Any measure prohibiting goods which have not been previously authorised from being marketed, sold or bought, constitutes an MEQR

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22
Q

Royal Pharmaceutical Society of GB

A

Measures adopted by professional bodies accorded regulatory powers by the state may fall under Article 34

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23
Q

Buy Irish

A

Member states cannot circumvent Article 34 by relying on a private company
An MEQR is a measure which influences traders’ choices and frustrates the free movement of goods

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24
Q

Irish Souvenirs

A

A measure which gives preference to domestic goods is an MEQR

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25
Q

Spanish Strawberries

A

A MS will be in breach of Article 34 if it does not take steps to prevent private bodies from impeding the free movement of goods

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26
Q

Geddo

A

Quantitative restriction = any measure which amounts to the total or partial restraint on imports, exports, or goods in transit

27
Q

R v Henn & Darby

A

A ban is the strictest form of quantitative restriction

A member state can determine its own set of values in justifying a restriction in terms of public morality

28
Q

International Fruit

A

Quotas on imports are a quantitative restriction

29
Q

Bescanscon v Bouhelier

A

Held to be an MEQR as it was arbitrary discrimination which hindered interstate trade

30
Q

Groenveld

A

Reluctant to apply Article 35 to indistinctly applicable measures if they only impose a dual burden on domestic goods (non-protectionist)

31
Q

Gysbrechts

A

Indistinctly applicable measures can breach Article 35 when they leave exported goods at a disadvantage

32
Q

Dassonville

A

MEQR = trading rule enacted by a member state that is capable of hindering intra-community trade (directly, indirectly, potentially or actually)
Introduced idea of mandatory requirements - should not act as a hindrance to trade and should be accessible to al community nationals

33
Q

Denkavit

A

Imposing additional requirements on imported foodstuffs constituted a distinctly applicable MEQR

34
Q

Mars

A

Not a selling arrangement - printed on the wrapper so an integral part of the product - full under product requirement (Article 34)

35
Q

Familiapress

A

Not a selling arrangement - printed in the newspaper so an integral part of the product - fell under product requirement (Article 34)
Justifiable on grounds of maintaining diversity of the press

36
Q

Oosthoek

A

Selling arrangements could be MEQRs if they act as an obstacle to free movement of goods
Could be justified on grounds of consumer protection

37
Q

Torfaen BC v B&Q

A

Sunday trading laws held to be an MEQR because it was capable of hindering interstate trade
Capable of being justified on socio-cultural grounds

38
Q

Stoke-on-Trent v B&Q

A

Sunday trading rules were an MEQE but were capable of being justified on socio-cultural grounds

39
Q

LIBRO

A

Applied in part to only imported products so constituted an MEQR, not a selling arrangement

40
Q

Gourmet International

A

Ban on advertising fell under Article 34 as it had the effect of impeding market access by foreign producers (extra burden - indirectly discriminatory)

41
Q

Herbert Karner

A

Lawful selling arrangement - did not affect imported goods more than domestic goods

42
Q

Italian Trailers

A

Measures which hinder a product’s access to another member state’s market will constitute an MEQR

43
Q

Punto casa

A

Sunday trading laws held to be a selling arrangement

44
Q

Tankstation

A

Requirement to close at night was a selling arrangement

45
Q

Mickelsson & Roos

A

A measure which restricts the use and consequentially the imports of a product will be an MEQR
Justified on environmental protection grounds

46
Q

Schmindberger

A

Protection of a fundamental right as a mandatory requirement to justify restriction on Free Movement of Goods

47
Q

Cullet v Centre Leclerc Toulouse

A

Minimum pricing was an MEQR as it cancelled out the competitive advantage of an imported product
Could not be justified on social security grounds

48
Q

R v Thompson

A

Public policy derogation - must relate to an equivalent domestic measure and must protect a fundamental interest of society

49
Q

Keck

A

Intention to clarify Article 34 due to a tendency for traders to argue that any restriction on their rights was a breach of Article 34
Selling arrangement = apply to all affected traders operating within the national territory
Affect domestic and imported goods in the same way in both law and fact

50
Q

De Agostini

A

Ban on advertising was an MEQR because it affected foreign products more than domestic products

51
Q

Cassis de Dijon

A

Indistinctly applicable MEQR = applied to both domestic and imported products
Presumption of mutual recognition
Importer should not suffer a dual burden
Mandatory requirement my rebut the presumption of mutual recognition if indistinctly applicable and proportionate

52
Q

Campus Oil

A

Successfully argued public security to justify a directly discriminatory MEQR
Must be of fundamental importance to the state and necessary

53
Q

Conegate

A

Public morality derogation cannot be applied arbitrarily

54
Q

Commission v Greece (Oil)

A

Unsuccessfully argued public security - did not show it was a necessary measure due to inability for refineries to compete on the market, disproportionate

55
Q

British Poultry

A

Restriction on grounds of public health must not be a disguised restriction on trade

56
Q

Beer Purity

A

Must have objective evidence and not be arbitrary

57
Q

Sandoz

A

Restriction allowed despite lack of conclusive evidence as to specific extent of health risk

58
Q

Bluhme

A

Protection of animal life derogation allowed to maintain biodiversity by ensuring a species’ survival

59
Q

PreussenElektra

A

Environmental protection derogation allowed

60
Q

Gili and Andreas

A

Mandatory requirements can only justify indistinctly applicable MEQRs

61
Q

Walter Rau

A

Product requirements are an MEQR if they impose a dual burden on the importer - not proportionate

62
Q

Italian Chocolate

A

Product requirements are an MEQR if they impose a dual burden on the importer - not proportionate
Article 34 does not refer to reverse discrimination

63
Q

Cinetheque

A

Protection of cultural activities recognised as a mandatory requirement
Necessary, non-discriminatory and proportionate

64
Q

Commission v Denmark (Beer Cans)

A

Protection of the environment recognised as a mandatory requirement that can rebut the presumption of mutual recognition

EU Law (5 decks)

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