Goods

Question 1

Two aspects of the customs union

Answer 1

Internal aspect - no restrictions on trade between MS

External aspect - common customs tariff for goods imported into MS from third country

Question 2

How much discretion do MS have once an area has been harmonised

Answer 2

None

Question 3

Obstacles to free movement

Answer 3

Tariff barriers to trade
Non tariff barriers to trade
Discriminatory taxation

Question 4

What are the types of tariff barriers to trade and which article prohibits them

Answer 4

Prohibited under article 30 TFEU

Customs duties and CEE to CD - charges imposed due to goods crossing frontier

Question 5

Can customs duties or CEE to CD ever be justified

Answer 5

Customs duties never justified

CEE may be justified if in return for service of benefit and proportionate to value of service

Question 6

Is indiscriminatory taxation lawful

Answer 6

Yes

Question 7

Two rules against discriminatory taxation

Answer 7

110(1)- prohibits taxes on imported products higher than taxes on similar domestic products

110(2)- where national and imported products are in completion, cannot take to give advantage to national product

Question 8

Similar - meaning

Answer 8

Comparable use and characteristics

Question 9

Competition - meaning

Answer 9

Degree is substitution

Question 10

Can discriminatory tax ever be justified

Answer 10

Directly discriminatory - no

Indirectly discriminatory - yes

Question 11

What articles prohibit non- tariff barriers

Answer 11

34- imports

35- exports

Question 12

Types of non-tariff barriers

Answer 12

Quantitive restrictions

MEE to QR

Question 13

What are MEE to QR

Answer 13

Dassonville formula - any rule capable of hindering directly or indirectly, actually or potentially inta-community trade

Question 14

What are the two types of MEE to QR

Answer 14

Distinctly applicable measures - apply differently to imports and national products

Indistinctly applicable measures - apply the same to imports and national products

Question 15

Can MEE to QR ever be justified

Answer 15

If distinctly applicable they cannot be justified

If indistinctly applicable they can be justified by a mandatory reason

Question 16

Principle of mutual recognition

Answer 16

Goods lawfully produced in one MS can be introduced without restrictions to another MS - rebuttable presumption

Question 17

When does the principle of mutual recognition apply

Answer 17

Always apart from when the rule of reason applies

Question 18

Rule of reason

Answer 18

Allows indistinctly applicable MEE to QR to be justified where they are necessary to satisfy mandatory requirements

Question 19

Mandatory requirements

Answer 19

Not an exhaustive list: 
Fiscal protection 
Protection of health 
Protection of consumers
Protection of environment 
Fair commercial transaction
Socio-economic policy
Socio-cultural characteristics

Question 20

When can the rule of reason not apply

Answer 20

When the area has been harmonised

Question 21

Three types of MEE to QR

Answer 21

Equal burden - selling arrangements applying equally to domestic and imported products. These are allowed

Dual burden - extra burden for imported

Restrictions on use - subject to market access test

Question 22

Which rules does the article 36 derogation apply to

Answer 22

Quantitive restrictions and MEE to QR

Question 23

When doesn’t article 36 apply

Answer 23

Areas that have been harmonised

Question 24

Grounds for article 36 derogation

Answer 24

Exhaustive list:
Public morality
Public policy and security
Protection of health, life, animals and plants
Protection of national treasures
Protection of industrial or commercial property