IAM MEASURES

Question 1

DEFINITION

Answer 1

• found in dassonville
• all trading rules enacted by MS which are capable of hindering…
• these measures are equally applicable to domestic and imported goods so not discriminatory
• dual burden measures= same requirements for both imported and domestic goods
• different burden in fact because foreign goods are disproportionately affected

Question 2

CASSIS DE DIJON

Answer 2

• case concerned composition of the liqueur made in France
• German authorities refused to allow it bcoz it had insufficient alcohol strength
• this case introduced two key principles
  1) principle of mutual recognition which states goods that are lawfully produced and marketed in one MS should be admitted into another without any restriction
  2) provided that there are no EU rules on the goods in question a MS can only require imported goods to comply with national rules if
• the measure applies equally to domestic products (IAM)
• the measure is necessary to protect public interest (mandatory requirement)
• the measure is proportionate