Free Movement of Goods (Article 34 TFEU)

Question 1

Which Treaty Article defines the internal market?

Answer 1

Article 26 TFEU

Question 2

What is the definition of ‘goods’?

Answer 2

Items that can be valued in money and are thus capable of forming the basis of commercial transactions (Art Treasures).

Question 3

What is the definition of Quantitative Restrictions (QRs)?

Answer 3

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).

Question 4

What is the definition of a Measure Having Equivalent Effect (MEQRs)?

Answer 4

All rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade (Dassonville).

Question 5

Which case held that a failure to act could constitute an MEQR?

Answer 5

Angry Farmers

Question 6

Which case held that requirements for a license could constitute an MEQR?

Answer 6

UHT Milk

Question 7

Which case held that even non-binding State measures could be MEQRs?

Answer 7

‘Buy Irish’ Campaign

Question 8

Which case held that requirements for repackaging goods could be MEQRs?

Answer 8

UHT Milk

Question 9

Which cases held that requirements to mark goods with country of origin could constitute an MEQR?

Answer 9

Commission v Ireland (Souvenirs) and Commission v UK (Origin Marking)

Question 10

Which case involved an Advocate-General suggesting that even directly discriminatory measures should be justifiable on environmental grounds?

Answer 10

Schleswag

Question 11

Which case states that public policy exemptions can never be based on economic policy?

Answer 11

Campus Oil

Question 12

Examples of the use of the public morality Treaty exception

Answer 12

Henn (held to be permissible as no lawful trade in UK) and Conegate (held to be non-permissible as product legally producible in UK).

Question 13

Examples of the use of the public policy Treaty exception

Answer 13

Thompson, Schmidberger and Angry Farmers (unsuccessfully).

Question 14

Example of the use of the public security Treaty exception

Answer 14

Campus Oil

Question 15

Examples of the use of the protection of health and life of humans Treaty exception

Answer 15

‘Newcastle Disease’ (unsuccessful because a simpler restriction would have had the same effect); UHT Milk (no need for the law at all).

Question 16

Example of the use of the industrial and commercial property Treaty exception

Answer 16

Deutsche Grammophon

Question 17

What are the two principles that stem from Cassis?

Answer 17

Mutual recognition and the rule of reason.

Question 18

What does the Cassis approach require?

Answer 18

Any provision must be necessary for a mandatory requirement of the State.

Question 19

Which cases evidence expansion of the list of Cassis-style exemptions?

Answer 19

Cinéthèque SA (protection of culture) and Disposable Beer Cans (protection of the environment)

Question 20

What two strands make up the ‘necessary’ element of Cassis?

Answer 20

Whether the rule need be there at all (Danish Beer Cans) and whether it is proportionate (de Smedt)

Question 21

What did Keck establish?

Answer 21

That non-discriminatory rules relating to selling arrangements fall outside the definition of an MEQR.

Question 22

What are Keck’s two provisos?

Answer 22

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.

Question 23

Which case ruled that Article 34 TFEU has no application to shop opening hours?

Answer 23

Punto Casa

Question 24

Which case ruled that Article 34 TFEU has no application in the case of selling baby milk in pharmacies?

Answer 24

Commission v Greece

Question 25

Which two cases evidence a mere selling arrangement?

Answer 25

Hünermund and Leclerc

Question 26

Which case illustrates a failure to justify a selling arrangement under Keck?

Answer 26

Gourmet International because it related to advertising which could serve as a barrier to entry into the market.

Question 27

What types of law definitely relate to the goods themselves under Keck?

Answer 27

Those involving presentation, labelling or packaging (cases of Clinique and Mars).

Question 28

Which case established that it is permissible for national laws to exist which put higher or stricter requirements on domestic producers?

Answer 28

Gallaher