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EU > Free Movement of Goods > Flashcards

Free Movement of Goods Flashcards

1
Q

TFEU

A

Provides the Legal Basis for the Economic and Political goals of the EU including the establishment of a single, or internal market

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2
Q

Prohibition on all quantitative restrictions on imports and all measures having equivalent effect

A

Art.34 TFEU

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3
Q

Goods are…

A

COMMISSION v ITALY

Anything that can be valued in money and can be the basis of a commercial transaction

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4
Q

Distinctly Applicable

A

Rules that apply to Imported goods ONLY

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5
Q

Indistinctly Applicable

A

Rules that apply to all products, irrespective of National Origin - Form a Barrier to Free Movement

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6
Q

ECJ defines Quantitative Restrictions as…

A

RISERIA LUIGI GEDDO

“Measures which amount to a total or partial restraint of … imports, exports or goods in transit

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7
Q

MEQR Definition…

A

DASSONVILLE
“all trading rules enacted by MS which can hinder, directly or indirectly, actually or potentially, intra-community trade”

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8
Q
  • Requiring importers of UHT milk to have a licence was a MEQR
  • Requiring re-packing in UK was MEQR because effectively a total ban
A

RE UHT MILK

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9
Q

Certain retail goods only to be sold marked with country of origin held to be MEQR

A

ORIGIN SOUVENIRS

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10
Q
  • Violent disruption of imports by protesters; government failed to crack down on them
  • Inaction found to be MEQR
A

COMMISSION v FRANCE (RE ANGRY FAMERS)

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11
Q

Article 34 will not apply to laws on pure Selling Arrangements as long as…

A

KECK

  • The laws apply to all traders operating in a national territory
  • The laws affect the marketing of domestic products and imports in the same way
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12
Q

Shop opening hours presumed to be selling arrangement

A

CAPENA

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13
Q

Where a product can be sold (baby milk in pharmacies) presumed to be selling arrangement

A

COMMISSION v GREECE (RE BABY MILK)

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14
Q

Professional body restricitons on advertising outside pharmacies presumed to be selling arrangement

A

HUNERMUND

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15
Q

Ban on fuels adverts on TV held not to be a MEQR

A

LECLERC

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16
Q

Swedish ban on alcoholic drinks ads (prejudical due to local products being familiar, so MEQR)

A

GOURMET INTERNATIONAL

17
Q

Law requiring mobile shops to also have permanent local base also a MEQR – Barrier to entry

A

SCHUTZVERBRAND

18
Q

Rules Relating to Presentation, Labelling and Packaging will Never be Selling Arrangements

A

KECK (para.15)

19
Q

Restrictions on Presentation / Packaging = MEQR

A

MARS

20
Q

Changing Name = MEQR

A

CLINIQUE

21
Q

Justified - Distinctly Applicable - Treaty Exceptions to Art.34/35

A

Art.36 TFEU

  • public morality, policy, security
  • protection of health and life of humans/animals/plants
  • national treasures
  • industrial/commercial property
22
Q

Justified - Distinctly Applicable - Treaty Exceptions to Art.34/35 - Public morality – Banning porno films was OK because there was no licit trade

A

R v HENN & DARBY

23
Q

Justified - Distinctly Applicable - Treaty Exceptions to Art.34/35 - Public security – Hard to argue, but keeping oil refinery viable was of sufficient importance to energy security

A

CAMPUS OIL LTD

24
Q

Justified - Distinctly Applicable - Treaty Exceptions to Art.34/35 - Protection of health of humans, animals or plants – Public health – UK failed in this argument, there was no need to re-package the milk

A

UHT MILK

25
Q

Justified - Distinctly Applicable - Treaty Exceptions to Art.34/35 - Public policy - Balance struck with freedom of expression (OK if restriction of movement minimal) - Protection of other rights

A

SCHMIDBERGER

26
Q

Justified - Distinctly Applicable - Treaty Exceptions to Art.34/35 - Protection of industrial and commercial property (IP)

A

DEUTSCHE GRAMMOPHONE GmbH

27
Q

Justified - Indistinctly Applicable - Rule of Reason

A

CASSIS

An indistinctly applicable restriction will be acceptable if necessary for a mandatory requirement of the state

28
Q

Justified - Indistinctly Applicable - Mutual Recognition

A

CASSIS

Product lawfully sold in one MS should be free to more to another

29
Q

Justified - Indistinctly Applicable - Exceptions for indistinctly applicable measures

A

CASSIS DE DIJION

  • Fiscal supervision
  • Public health
  • Fairness of commercial transactions
  • Defence of consumer
30
Q

Justified - Indistinctly Applicable - Additional exceptions for indistinctly applicable measures

A

CINETHEQUE SA
- Protection of culture
COMMISSION v DENMARK
- Protection of the environment

31
Q

Justified - Both Distinctly and Indistinctly Applicable Measures - The measure must be Proportionate

A

DE SMEDT

Cube shaped containers to show it was margarine

EU (7 decks)

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