Free Movement of Goods Flashcards
TFEU
Provides the Legal Basis for the Economic and Political goals of the EU including the establishment of a single, or internal market
Prohibition on all quantitative restrictions on imports and all measures having equivalent effect
Art.34 TFEU
Goods are…
COMMISSION v ITALY
Anything that can be valued in money and can be the basis of a commercial transaction
Distinctly Applicable
Rules that apply to Imported goods ONLY
Indistinctly Applicable
Rules that apply to all products, irrespective of National Origin - Form a Barrier to Free Movement
ECJ defines Quantitative Restrictions as…
RISERIA LUIGI GEDDO
“Measures which amount to a total or partial restraint of … imports, exports or goods in transit
MEQR Definition…
DASSONVILLE
“all trading rules enacted by MS which can hinder, directly or indirectly, actually or potentially, intra-community trade”
- Requiring importers of UHT milk to have a licence was a MEQR
- Requiring re-packing in UK was MEQR because effectively a total ban
RE UHT MILK
Certain retail goods only to be sold marked with country of origin held to be MEQR
ORIGIN SOUVENIRS
- Violent disruption of imports by protesters; government failed to crack down on them
- Inaction found to be MEQR
COMMISSION v FRANCE (RE ANGRY FAMERS)
Article 34 will not apply to laws on pure Selling Arrangements as long as…
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
Shop opening hours presumed to be selling arrangement
CAPENA
Where a product can be sold (baby milk in pharmacies) presumed to be selling arrangement
COMMISSION v GREECE (RE BABY MILK)
Professional body restricitons on advertising outside pharmacies presumed to be selling arrangement
HUNERMUND
Ban on fuels adverts on TV held not to be a MEQR
LECLERC
Swedish ban on alcoholic drinks ads (prejudical due to local products being familiar, so MEQR)
GOURMET INTERNATIONAL
Law requiring mobile shops to also have permanent local base also a MEQR – Barrier to entry
SCHUTZVERBRAND
Rules Relating to Presentation, Labelling and Packaging will Never be Selling Arrangements
KECK (para.15)
Restrictions on Presentation / Packaging = MEQR
MARS
Changing Name = MEQR
CLINIQUE
Justified - Distinctly Applicable - Treaty Exceptions to Art.34/35
Art.36 TFEU
- public morality, policy, security
- protection of health and life of humans/animals/plants
- national treasures
- industrial/commercial property
Justified - Distinctly Applicable - Treaty Exceptions to Art.34/35 - Public morality – Banning porno films was OK because there was no licit trade
R v HENN & DARBY
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
CAMPUS OIL LTD
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
UHT MILK
