Free Movement of Goods Flashcards
Article 34 TFEU
Ban on quantitative restrictions on imports and measures having equivalent effect. Justified under Article 36.
Case 2/73 Geddo
‘Measures which amount to a total or partial restraint of, according to the circumstances, imports, exports or goods in transit’.
Case 34/79 Henn & Darby
An outright ban on the import of ‘indecent and obscene’ materials.
Case 8/74 Dassonville
MEQR. Belgian law required a certificate of origin for all imports. Caused problems for the import of goods into Belgium.
MEQR defined - trading rules enacted by Member states capable of hindering…intra-community trade.
Walter Rau v De Smedt
Required margarine to be marketed in cubes to avoid confusion with butter.
Justifying an MEQR or a QR. Article 36.
Public morality, policy, security. Protection of health and life of humans, animals or plants; protection of national treasures possessing artistic or archaeological value; or the protection of industrial and commercial property.
Case 34/79 Henn & Darby
Morality ground successful. Indecent materials ban. Also needed to show proportionality, did this by showing evidence product was also banned in the UK.
Conegate
Could not prohibit importation when legislation contains no prohibition on manufacture or marketing of the same goods in its territory. Unsuccessful.
Schmidberger
Public policy. Austrian government did not ban the protest on the motorway which would have hindered trade as it was on the road between Germany and Italy.
Case 72/83
Irish government able to rely on public security ground, as independent petrol supply is a vital matter of security, in times of emergency.
Case 40/82 Commission v UK
Health and life, unsuccessful. Banned the import of chickens due to Newcastle disease, the UK did not have it. Not proportionate as could have been vaccinated.
Case 28/09 Commission v Austria
Includes environmental protection.
Cassis de Dijon
Justifying an MEQR. ‘Mandatory requirements’ of national law which are not disguised restrictions on trade. UK introduced a requirement that all goods designate their origin. Heavier burden on importer produce. Indistinctly applicable. Can justify under mandatory requirement. A public health justification was recognised to exist, but the CJEU said it did not apply. Rule of reason developed.
Cinetheque
France banned the sale of dvds until 12 months after the film’s premiere. Justified under rule of reason/mandatory requirement = protection of culture. Proportionate people would go to the cinema.
Danish Bottle Case
Bottle recycling system introduced, only about 30 different types of container qualified for this system. ECJ held environmental protection was a permissible justification. But the further requirement only allowing a limited number of shapes was disproportionate.
