Free Movement of Goods (Non-Fiscal Barriers) Flashcards
Article 34
Prohibits quantitative restrictions on imports and MEQRs.
Article 36
Derogations from Articles 34 and 35.
R v Royal Pharmaceutical Society of GB
Established that quasi-public bodies are also bound by Articles 34 and 35.
Geddo
Relates to Article 34 QRs; defines them as ‘a total or partial restraint… of imports, exports or goods in transit’.
R v Henn and Darby
Relates to Article 34 QRs; includes a ban as a QR.
International Fruit
Relates to Article 34 QRs; includes quotas as QRs.
Dassonville
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.
Buy Irish
Relates to Article 34 MEQRs; in this case involved distinctly applicable QR, giving preference to domestic goods
Cassis de Dijon
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?)
Article 36 Derogations
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
Walter Rau
Belgian margarine packaging; contravened Article 34, not objectively necessary so not mandatory requirement (derogation for indistinctly applicable MEQRs)
Cinetheque
Relates to Article 34 Indistinctly applicable MEQRs; Established that mandatory requirements extended to the protection of cultural (delay on film release) activities.
Comm v Denmark (Disposable Beer Cans)
Relates to Article 34 Indistinctly applicable MEQRs; Established that mandatory requirements extended to environmental protection.
Schmidberger
Relates to Article 34 Indistinctly applicable MEQRs; Established that mandatory requirements extended to protection of fundamental rights
PreussenElektra
Relates to Article 34 Indistinctly applicable MEQRs; Established that mandatory requirements do NOT extend to distinctly applicable MEQRs.
Keck & Mithouard
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.
Tankstation
Relates to Selling Arrangements; established limits on opening hours are not within scope of Article 34.
Punto Casa
Relates to Selling Arrangements; established that Sunday trading hours fall outside scope of Article 34.
LIBRO
Invalid selling arrangement, was under Article 34 as an MEQR; prevented sale of imported books below minimum fixed price
De Agostini
Invalid selling arrangement, was under Article 34 as an MEQR; Swedish advertising aimed at young children prevented access to the market for De Agostini.
Gourmet International
Invalid selling arrangement, was under Article 34 as an MEQR
Herbert Karnar
Example of valid selling arrangement, not under Article 34; prohibited references to commercial origin of goods when they were sold from insolvent estate.
Mars
Promotional wrapper held to be product requirement, fell under Article 34.
Familiapress
Prize crossword held to be product requirement, fell under Article 34
