LEC 3 questions

Question 1

The principle of equal treatment means that

Answer 1

Within the EU, non-domestic citizens must be treated equally in comparison to host state nationals

Question 2

The principle of mutual recognition means

Answer 2

Products lawfully produced in one Member State should be accepted onto the market of another

Question 3

What are CEEs?

Answer 3

Charges with the equivalent effect of customs duties

Question 4

The doctrine of proportionality means that a person’s human rights may only be restricted if

Answer 4

there is a pressing social need for the restriction which goes no further than necessary

Question 5

What is an MEQR?

Answer 5

• a distinguished barrier to trade
• A measure having equivalent effect to a quantitative restriction

Question 6

the Dassonville formula: definition of an MEQR

Answer 6

any trading rules enacted by MS is an MEQR if it is capable of hindering, directly or indirectly, actual or potential, intra-communication trade

Question 7

is an MEQR ever ok?

Answer 7

• distinctly applicable measures (direct discrimination) can only be saved by article 36 derogation
• indistinctly applicable measures (indirect discrimination) can be justified by:
  1) article 36 derogation
  2) rule of reason

Question 8

In goods cases, “indistinctly applicable” is equivalent to:

Answer 8

indirect discrimination

Question 9

What is a quantitative restriction?

Answer 9

An numerical limit, including a quota or a ban

Question 10

why are quantitative restriction prohibited?

Answer 10

• they do significant harm to the free movement of goods
• they are explicit barriers tot trade and there is not very much case law on these (except derogation arguments)
• cannot be saved unless by article 36 derogation

Question 11

In the area of goods, the objective justification test comes from:

Answer 11

The “Rule of reason” in the case of Cassis

Question 12

what is the rule of reason

Answer 12

antitrust analysis used to determine the legality of agreements