Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Eu > L4: Free Movement of Goods > Flashcards

L4: Free Movement of Goods Flashcards

1
Q

Article 3(3) TEU

A

The union shall establish an internal market

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the 4 fundamental freedoms?

A

Workers, Establishments & Services, Capital & Goods

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Article 30 TFEU

A

Customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This prohibition shall also apply to customs duties of a fiscal nature.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are customs duties?

A

Charge levied on goods by MS by virtue of the goods crossing a frontier between member states

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is a charge of equivalent effect?

A

Any pecuniary charge, however small and whatever its designation and mode of application, which is imposed unilaterally on domestic or foreign goods by reason of the fact that they cross a frontier

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Are there exceptions to the prohibition of customs duties & CEEs?

A

No treaty based exceptions, some very limited exceptions developed by case law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Case 24/68 Commission v Italy

A

Fees for services conferring a benefit on the importer- but must be a specific benefit conferred

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Bauhuis v Netherlands

A

Fee required for services required by EU or international law especially where health and safety inspections are mandatory under EU law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the conditions when a MS imposes fees for health and safety inspections?

A

Must not exceed the actual costs of inspections & inspection must be obligatory and uniform for all products in the EU

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Article 110 TFEU

A

No member state shall impose, directly or indirectly, on the products of other member states any internal taxation of any kind in excess of that imposed directly or indirectly on similar domestic products

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

When can a MS impose tax systems?

A

When they do not discriminate against imported products & do not afford indirect protection to domestic products

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Do products have to be identical under Art 110?

A

They do not have to be identical, but must be similar- broadly in competition with each other, with similar characteristics and meet the same needs from the point of view from the consumer Case 168/78 Commission v France (spirits)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Article 34 TFEU

A

Quantitative restrictions on imports and all measures having equivalent effect will be prohibited between MS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is an example of a quantitative measure?

A

A quota (UK only allows 100kg of french beef to be imported per year) A numerical limitation on the import of products

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is a measure of equivalent effect?

A

Any measure which may create an effect similar to a quota or a ban

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Dassonville

A

Family run french co importing and exporting alcohol
Buy whisky from UK and import to france
Put their own dassonville labels and export it into belgium
Belgian law = requires certificate of origin stating where the whisky came from
Criminal charge against dassonville for not having a certificate of origin
Issue: The law is not a tax, customs duty, quota or a ban

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is a MEE according to Dassonville?

A

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 measures having equivalent effect to quantitative restrictions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What was the test in dassonville for the existence of a MEE?

A

The effect on the national rule on free movement - if it is capable of hindering = obstacle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Structure for MEE

A

1) Attributable to MS
2) Capable of hindrance
3) Intra-EU element

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Cassis De Dijon

A

French cassis produced and marketed around 20% volume
German law requires cassis to be min 23%
Applies to all liquor sold in Germany, including Cassis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Why was Cassis an obstacle to free movement of goods?

A

The effect of german legislation was to exclude french liquor from the market
National rules which do not discriminate but inhibit free trade can also be caught by art 34

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What’s a distinct/indistinct measure?

A

Distinct= directly discriminates on the face of it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the principle of mutual recognition?

A

If something is legally produced in one MS, presumption that it can be sold in the other MS- cannot impose domestic product rules (size, composition, weight) onto foreign goods that were produced & marketed lawfully in another EU MS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is the keck exemption?

A

National rules fall outside the scope of art 34 if they are:
1) selling arrangements
2) Affecting all traders
3) Applying equally in law and in fact

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q
A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is a selling arrangement, according to Commision v Austria?

A

National rules concerning the arrangements under which products may be sold

27
Q

What is a product requirement?

A

requires physical alteration of product

27
Q

What do selling arrangements include measures relating to?

A

Advertising- Leclerc - Siplec
Time of the sale of goods (E.g. can’t sell on a sunday)
Place of the sale of goods or restrictions regarding by whom the goods may be sold (e.g. milk only to be sold in pharmacies)

27
Q

Alfavita

A

Can only sell bread if you have a licence (required a flour store and equipment)
Supermarked would purchase parbaked bread, finished off in supermarkets
Supermarket bought from another MS- licence an unnecessary cost factor
Was deemed a product requirement- rules applicable at the product stage

28
Q

De Agostini

A

Italian publishing co published a magazine
Advertised magazine EU wide
Swedish ombudsman prohibited advertisement on TV which could attract the attention of children
Swedish advertising ban on TV ads directed at under 12s
Swedish ban caught by Dassonville formula = breach of art 34
Swedish ban is a selling arrangement

29
Q

What does it mean to apply equally in fact and in law? De Agostini

A

The effect of the law was applicable to all traders, but the effect in fact was advantageous to swedish market- tv advertising was the only form de agostini could penetrate the swedish market
Outright ban did not apply equally in fact (only in law)
swedish publishers favoured

30
Q

What is the test for whether a rule applies equally in fact and in law?

A

If the effect of the rule prevents access to the market. Leads to breach of art 34

31
Q

Cinnussuib v Italy Mopeds

A

Ban on using trailers with mopeds and motorbikes
Ban violates free movement of trailers
Held to be a use arrangement- restricting use of a product
Breached art 34- effect of the law was to ban trailers

32
Q

What measures does art 34 cover?

A

1) Rules that discriminate
2) Rules that impose product requirements
3) Rules which inhibit market access

33
Q

When can a restriction on free movement of goods be justified?

A

Article 36

34
Q

What are the conditions for justifiability?

A

National rules can be justified if they are proportionate

35
Q

What is the proportionality test?

A

Is the national measure
1) Suitable to achieving that objective?
2) Necessary- does not go beyond what is necessary to achieve that objective?

36
Q

What does it mean for a measure to be necessary?

A

If a member state has the choice between various measures to attain the same objective, it should choose the means which least restricts the free movement of goods- An alternative meassure achieving the desired aim without affecting interstate trade to the same degree

37
Q

Suitability

A

Measure must not only be suitable to attain its objective on its own but also secure the attainment of that objective in a consistent and systematic manner

38
Q

What are fiscal rules?

A

An obligation to pay a sum of money

39
Q

Commission v Ireland

A

State infringed art 34 by imposing import licensing system for potatoes originating in cyprus, but circulated freely in the UK

40
Q

What does goods mean?

A

Commission v Ireland
Products which can be valued in money and which are capable, as such of forming the subject of commercial transactions

41
Q

How can MEE be divided?

A

1) Product bound measures
2) Measures relating to selling arrangements

42
Q

Selling arrangements

A

Advertising, Price, When goods may be sold, Where or by Whom goods may be sold

43
Q

Import restrictions

A

Barriers to incoming transactions

44
Q

Export restrictions

A

Barriers to outgoing transactions

45
Q

What does Art 110 prohibit?

A

All taxation conflicting with the principle of equality of treatment of domestic & imported goods

46
Q

Art 110 (1)

A

Prohibits internal discriminatory taxation in favour of similar domestic products

47
Q

Art 110 (2)

A

Prohibits internal taxation affording protection to other domestic products competing with imported

48
Q

When are the conditions for Art 110 (1) met?

A

1) Relevant imported product and domestic product must be similar
2) There must be some discrimination

49
Q

Test for similarity of products

A

Comparison must be made between products at the same stage of production
Have similar characteristics
Satisfy the consumers needs

50
Q

Johnnie Walker Case

A

Danish system of tax differentiated btwn wine and scotch whiskey
To establish whether the products are similar - consider objective characteristics of the beverages
Method of manufacture
Origin
Alcohol content
held= 2 beverages had manifestly different characteristics

51
Q

Commission v France (Cigarettes)

A

System didn’t differentiate on the basis of origin
Tax on light tobacco higher than dark
Dark produced domestically, light imported
Light and dark cigarettes held to be similar
Scheme contrary to art 110

52
Q

What is direct discrimination?

A

Tax scheme differentiates due to the origin of the products
e.g only imports subject to tax
tax burden heavier on imported products
only domestic products benefit from reduction

53
Q

What is indirect discrimination?

A

Tax scheme doesn’t explicitly differentiate by reason of origin but imposes heavier tax burdens on imported products

54
Q

Humblot

A

Individual challenged french annual road tax on cars
cars with 16v fiscal horsepower subject to flat-rate tax
Manifestly discriminatory- imported cars subject to higher rate tax

54
Q

What is the criteria for art 110 (2)

A

1) Imported and domestic products in competition with each other
2) Tax must protect domestic product

54
Q

Does the imported and domestic products have to be in direct competition?

A

No

55
Q

Commission v UK (wine & beer)

A

Differentiated tax scheme for beer (domestic) and wine (imported)
Brought by commission against uk on the basis of art 110 (2)
ruled- tax on cheaper wine several times higher than that of beer

55
Q

Spirits

A

Tax scheme differentiated between spirits obtained from wine/fruit and those from cereals
former predominantly french, latter imported
Court: criterion should not be strictly identical but similar and comparable
Spirits had sufficiently common characteristics to consider that they were in partial competition
France infringed art 110

56
Q

When can art 110 be justified?

A

AS long as they arent discriminatory or protective

57
Q

Chemical farmaceuti

A

Italy implemented tax scheme distinguishing between 2 types of chemicals
Despite identical properties, court found scheme permissible if
1) objective criteria
2) differentiation pursues legitimate objectives
3) detailed rules must avoid direct/indirect discrimination against imported products and protection against domestic

58
Q

Remedies for breach of art 110

A

MS must equalise tax imposed on similar products (110 (1) or must eliminate protectionist effect art 110 (2)

59
Q

Commission v Denmark (Cars)

A

C sought ruling that D infringed art 110
Court: could not be infringed-no domestic production of new motor vehicles in denmark
article cannot be relied on to challenge excessive level of taxes unless it can be regarded as discriminatory/protective

Eu (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions