Free Movement Of Goods

Question 1

Question process (free movement of goods)

Answer 1

Key legislation
Type of restriction
Type of measure
Measure justifiable?
Is measure proportionate?

Question 2

Key Legislation (free movement of goods)

Answer 2

Art. 26 TFEU

Art. 28 TFEU

Art. 34 TFEU

Harmonisation Directives

Art. 114 (4) and (5) TFEU

Question 3

Harmonisation Directives

Answer 3

Set out essential standards for certain industries

• MS cannot maintain national provision which conflicts with harmonised rules
• MS cannot rely on Art. 36 exceptions of Cassis

Question 4

Restrictions

Answer 4

Quantitative

Measures having equivalent effect to a quantitative restriction (MEQRs)

Selling arrangements

Question 5

MEQRs

Answer 5

All trading rules enacted by MS capable of hindering intra-community trade

• directly or indirectly
• actually or potentially

Question 6

Examples of MEQRs

Answer 6

Licensing requirements for imports (UHT Milk)

Requirements to repackage in other state (UHT Milk)

Requirements to mark origin of product (Origin Marking)

Govt. failure to act against anti-import protests (Commission v France)

Question 7

Dassonville

Answer 7

Sets out MEQR definition (trading rules hindering intra-community trade)

Question 8

Selling arrangements

Answer 8

Art. 34 does not apply to laws that are selling arrangements as long as:

Law applies to all traders
Law effects domestic and imported goods in same way

Question 9

Examples of selling arrangements

Answer 9

Laws relations to shopping hours (Punto Casa)

Laws stipulating where goods in question can be sold (Commission v Greece)

Laws placing restrictions on advertising (Hunermund)

Question 10

KO v GIP

Answer 10

If proved that selling arrangement adversely affects importers, despite blanket application, can be deemed MEQR

Question 11

Distinctly applicable measures

Answer 11

Apply only to imported goods (Irish Souvenirs)

Question 12

Indistinctly applicable measures

Answer 12

Apply to all products irrespective of national origin (UHT Milk)

Question 13

Justifying directly applicable measures

Answer 13

Only Art. 36 exemptions

Question 14

Justifying indistinctly applicable measures

Answer 14

Art. 36 exemptions

Cassis de Dijon approach

Question 15

Cassis de Dijon approach

Answer 15

Measure only acceptable if necessary to fulfil mandatory requirement of state

Fiscal supervision, protection of public health etc.

Question 16

Proportionate

Answer 16

For either distinctly and indistinctly applicable measures:

Is it necessary for objective?
Does it extend beyond what is necessary?

Question 17

Commission v Ireland

Answer 17

Dassonville definition applies (MEQR)

Actual hinderance to trade not required, only potential to do so

Even private companies can breach, as long as there is sufficient state involvement