Free Movement of Goods

Question 1

Rosengren

Answer 1

QUANTITATIVE RESTRICTION

Sweden prohibiting direct import of alcohol

Direct QR

Question 2

R v Henn and Darby

Answer 2

QUANTITATIVE RESTRICTION (Direct)

Importing obscene material

Question 3

Dassonville

Answer 3

MEQR

Needs to confirm provenance in official docs

All trading rules capable of hindering, directly or indirectly, actually or potentially, intra union trade

Equivalent effect

Question 4

Commission v UK

v Ireland

Answer 4

Direct Discrimination MEQR

Newcastle Disease

Buy Irish Campaign

Different burden in law and fact

Question 5

Cassis

Answer 5

Indirect Discrimination MEQR

Minimum spirit level

Mutual Recognition

Question 6

Keck

Answer 6

KECK EXCEPTION

Certain Selling Arrangements+ Universality + Non-Discrimination = not MEQR

Question 7

De Agostini

Answer 7

KECK IN PRACTICE

Ban tv ads directed to children

CSA - might in practice have negative impact

Question 8

Gourmet Products International

Answer 8

KECK IN PRACTICE

Alcohol Ad Law

Even if CSA, not benefit from exception

From selling arrangement to MA

Proportionality

Question 9

Doc Morris

Answer 9

KECK IN PRACTICE

Prevent pharma sales over internet

Unduly disproportionate impact

Question 10

ANETT

Answer 10

Prohibition on Tobacco retailers from importing

MA approach confirmed - not directly prohibiting nut hinders MA nevertheless

Question 11

Scotch Whisky

Answer 11

Ignores Keck

Does it hinder market access?

Question 12

Scotch Whisky

Answer 12

MINIMUM PRICE RULES

Ignores Keck

Does it hinder market access?

Question 13

A36 TFEU

Answer 13

Proportionality derogations

Question 14

Scmidtberger

Answer 14

Derogations - Fundamental Rights

Question 15

Omega

Answer 15

Centre of Gravity Test