Free Movement of Goods (Non-Fiscal Barriers)

Question 1

Article 34

Answer 1

Prohibits quantitative restrictions on imports and MEQRs.

Question 2

Article 36

Answer 2

Derogations from Articles 34 and 35.

Question 3

R v Royal Pharmaceutical Society of GB

Answer 3

Established that quasi-public bodies are also bound by Articles 34 and 35.

Question 4

Geddo

Answer 4

Relates to Article 34 QRs; defines them as ‘a total or partial restraint… of imports, exports or goods in transit’.

Question 5

R v Henn and Darby

Answer 5

Relates to Article 34 QRs; includes a ban as a QR.

Question 6

International Fruit

Answer 6

Relates to Article 34 QRs; includes quotas as QRs.

Question 7

Dassonville

Answer 7

1) Defines MEQRs under Article 34 as ‘all trading rules capable of hindering, directly or indirectly, actually or potentially, intra-community trade’.
2) In this case, the distinctly applicable MEQR related to restricting channels for imports.

Question 8

Buy Irish

Answer 8

Relates to Article 34 MEQRs; in this case involved distinctly applicable QR, giving preference to domestic goods

Question 9

Cassis de Dijon

Answer 9

Relates to indistinctly applicable MEQRs under Article 34.

1) Established the presumption of mutual recognition. Rationale = dual burden on importer.
2) Established Rule of Reason defense (are measures necessary to satisfy 4 original MANDATORY REQUIREMENTS of protection of health, consumers, the environment and fair competition?)

Question 10

Article 36 Derogations

Answer 10

1) Public Morality
2) Public Policy
3) Public Security
4) Protection of health and life of humans, animals or plants
5) Protection of national treasures
6) Protection of industrial and commercial property.

PROVIDED:

1) Not arbitrary discrimination
2) Not disguised restriction on trade
3) Is proportionate

Question 11

Walter Rau

Answer 11

Belgian margarine packaging; contravened Article 34, not objectively necessary so not mandatory requirement (derogation for indistinctly applicable MEQRs)

Question 12

Cinetheque

Answer 12

Relates to Article 34 Indistinctly applicable MEQRs; Established that mandatory requirements extended to the protection of cultural (delay on film release) activities.

Question 13

Comm v Denmark (Disposable Beer Cans)

Answer 13

Relates to Article 34 Indistinctly applicable MEQRs; Established that mandatory requirements extended to environmental protection.

Question 14

Schmidberger

Answer 14

Relates to Article 34 Indistinctly applicable MEQRs; Established that mandatory requirements extended to protection of fundamental rights

Question 15

PreussenElektra

Answer 15

Relates to Article 34 Indistinctly applicable MEQRs; Established that mandatory requirements do NOT extend to distinctly applicable MEQRs.

Question 16

Keck & Mithouard

Answer 16

Selling Arrangements are NOT MEQRs so long as:

1) Apply to all traders within national territory; and
2) Affect imported and domestic products the same in law and in fact.

In this case the selling arrangement was a minimum sales price, held to fall outside Article 34.

Question 17

Tankstation

Answer 17

Relates to Selling Arrangements; established limits on opening hours are not within scope of Article 34.

Question 18

Punto Casa

Answer 18

Relates to Selling Arrangements; established that Sunday trading hours fall outside scope of Article 34.

Question 19

LIBRO

Answer 19

Invalid selling arrangement, was under Article 34 as an MEQR; prevented sale of imported books below minimum fixed price

Question 20

De Agostini

Answer 20

Invalid selling arrangement, was under Article 34 as an MEQR; Swedish advertising aimed at young children prevented access to the market for De Agostini.

Question 21

Gourmet International

Answer 21

Invalid selling arrangement, was under Article 34 as an MEQR

Question 22

Herbert Karnar

Answer 22

Example of valid selling arrangement, not under Article 34; prohibited references to commercial origin of goods when they were sold from insolvent estate.

Question 23

Mars

Answer 23

Promotional wrapper held to be product requirement, fell under Article 34.

Question 24

Familiapress

Answer 24

Prize crossword held to be product requirement, fell under Article 34