Freemovement Of Goods

Question 1

Case Groveveld

Answer 1

Processed Horse meat cannot be produced/stored in the Netherlands. Applies both for domestic production and exports.

Question 2

Geddo v Ente Nazionale Risi

Answer 2

Quantitative Restrictions: All measures which amount to a total or partial restraint of imports, exports or goods in transit.

Question 3

Procureur du Roi v Dassonville (Dassonville)

Answer 3

All trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade are to be considered as MEQRS.

Question 4

Henn and Derby

Answer 4

There was ‘no lawful trade in such material’. The purpose of the law taken as a whole was ‘to restrain the marketing and manufacture of such items’

Question 5

Conegate v Commissioners of Customs and Excise

Answer 5

It must be possible to conclude from the applicable rules that their purpose taken as a whole is to prohibit the marketing and manufacture of those products’. Here it was not so. Therefore ‘arbitrary discrimination or a disguised restriction on trade.’

Question 6

What cases concern Article 36: Protections of health and life of humans, animals and plants?

Answer 6

Commission v UK (poultry)
Commission v UK (UHT Milk)
Biologische Prosucten
Officer van Justitle v Sandoz BV
Rewe-Zentralefinanz v Landwurtschoftskamer Bonn
Ditlev v Bluhme
Commission v France (Red Bull)
Klaus Rosengren

Question 7

What does MEQR stand for?

Answer 7

Measures Equivalent to Quantitive Restrictions

Question 8

What was held in Dassonville [1974]

Answer 8

Definition of MEQR was any measure capable of hindering intracommunity trade. (Too broad)

Question 9

What is mutual recognition? What cases are backed up?

Answer 9

If something is allowed in one mem ever state it should be allowed in all of them. Walter Rae [1982] & Commission v Germany [1987]

Question 10

What happened in Commission v Germany?

Answer 10

The Germany government said only a certain type of pure alcohol could be called bear. They argued consumer protection, to protect Germany consumers. It was held breach of Article 34 as it was allowed in all the other members and the ingredients of other alcoholic beverages were safe. There is no such thing as a “perfect beer” and the idea was struck down.

Question 11

What does article 35 constitute?

Answer 11

No quantitative restrictions on exports.

Question 12

What does article 36 constitute?

Answer 12

Article 36 provide justifications for quantitative restrictions.

Question 13

What are the Article 36 justifications for quantitative restrictions?

Answer 13

Public Morality - Henn & Darby 1979
Public Policy - Thompson
National Secruity - Campus Oil