Free Movement of Goods (Article 34 TFEU) Flashcards
Which Treaty Article defines the internal market?
Article 26 TFEU
What is the definition of ‘goods’?
Items that can be valued in money and are thus capable of forming the basis of commercial transactions (Art Treasures).
What is the definition of Quantitative Restrictions (QRs)?
Restrictions on the quantity of goods that can go into a country: measures which amount to a total or partial restraint on imports, exports or goods in transit (Geddo).
What is the definition of a Measure Having Equivalent Effect (MEQRs)?
All rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade (Dassonville).
Which case held that a failure to act could constitute an MEQR?
Angry Farmers
Which case held that requirements for a license could constitute an MEQR?
UHT Milk
Which case held that even non-binding State measures could be MEQRs?
‘Buy Irish’ Campaign
Which case held that requirements for repackaging goods could be MEQRs?
UHT Milk
Which cases held that requirements to mark goods with country of origin could constitute an MEQR?
Commission v Ireland (Souvenirs) and Commission v UK (Origin Marking)
Which case involved an Advocate-General suggesting that even directly discriminatory measures should be justifiable on environmental grounds?
Schleswag
Which case states that public policy exemptions can never be based on economic policy?
Campus Oil
Examples of the use of the public morality Treaty exception
Henn (held to be permissible as no lawful trade in UK) and Conegate (held to be non-permissible as product legally producible in UK).
Examples of the use of the public policy Treaty exception
Thompson, Schmidberger and Angry Farmers (unsuccessfully).
Example of the use of the public security Treaty exception
Campus Oil
Examples of the use of the protection of health and life of humans Treaty exception
‘Newcastle Disease’ (unsuccessful because a simpler restriction would have had the same effect); UHT Milk (no need for the law at all).
Example of the use of the industrial and commercial property Treaty exception
Deutsche Grammophon
What are the two principles that stem from Cassis?
Mutual recognition and the rule of reason.
What does the Cassis approach require?
Any provision must be necessary for a mandatory requirement of the State.
Which cases evidence expansion of the list of Cassis-style exemptions?
Cinéthèque SA (protection of culture) and Disposable Beer Cans (protection of the environment)
What two strands make up the ‘necessary’ element of Cassis?
Whether the rule need be there at all (Danish Beer Cans) and whether it is proportionate (de Smedt)
What did Keck establish?
That non-discriminatory rules relating to selling arrangements fall outside the definition of an MEQR.
What are Keck’s two provisos?
That laws apply to all traders operating within the national territory and that laws affect the marketing of domestic products and imports from other Member States in the same way.
Which case ruled that Article 34 TFEU has no application to shop opening hours?
Punto Casa
Which case ruled that Article 34 TFEU has no application in the case of selling baby milk in pharmacies?
Commission v Greece
Which two cases evidence a mere selling arrangement?
Hünermund and Leclerc
Which case illustrates a failure to justify a selling arrangement under Keck?
Gourmet International because it related to advertising which could serve as a barrier to entry into the market.
What types of law definitely relate to the goods themselves under Keck?
Those involving presentation, labelling or packaging (cases of Clinique and Mars).
Which case established that it is permissible for national laws to exist which put higher or stricter requirements on domestic producers?
Gallaher
