Law Express Questions Flashcards
Which article deals with restrictions on imports?
Article 34 TFEU.
Where can we find the principle of the free movement of goods?
Articles 28 - 37 of the TFEU.
Which article deals with restrictions on exports?
Article 35 TFEU.
What types of measures are restricted by Article 34 of the TFEU?
Quantitative restrictions on imports/exports and measures having an equivalent effect to quantitative restrictions.
Which case is the following legal principle derived:
All trading rules enacted by member states which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade.
Dassonville.
Where can we find the definition of distinctly and indistinctly applicable measures?
Directive 70/50, article 2(3)
What is the effect of a distinctly applicable measure?
To discriminate in favour of domestic products.
What are the two rules that developed from the Cassis case?
The rule of reason and mutual recognition.
What is the rule of reason?
It is another name for the Cassis mandatory requirements.
What is the general rule of the rule of reason?
That if a measure is necessary, it can be allowed under the rule of reason.
What is meant by ‘necessary’ under Cassis?
Necessary means proportionate [Cassis].
What is the Cassis rule, mutual recognition?
Provided the products have been lawfully introduced into one member state, then there should be no reason why they should not be imported into another [Cassis].
What did the decision in Cassis highlight with regards to Dassonville?
That the judgement in Dassonville was far too broad in its scope and therefore there were some indistinctly applicable measures which should be excused despite being in breach of Article 34.
What is the legal principle derived from Keck and Mithouard?
Where a measure was indistinctly applicable, if that measure constituted a selling arrangement then it would not breach Article 34.
What is a selling arrangement?
Law concerning not the goods themselves but rather how, when and where they are marketed and by whom and to whom they are sold.
