Structure of Free Movement

Question 1

A114(1) TFEU

Answer 1

Objective of establishing and functioning the internal market

Question 2

Cassis de Dijon

Answer 2

Mutual Recognition

Question 3

A26 TFEU

Answer 3

An area without internal frontiers in which the free movement of goods, persons, services and capital is ensured

Question 4

A36 TFEU

Answer 4

Express Treaty Derogations - Goods

Public morality, policy, security, protection of health

Question 5

A45, 52, 62 TFEU

Answer 5

Express Treaty Derogations - Goods - public morality, policy, security, health

Question 6

Deutsche Parkinson

Answer 6

Order prescription and receive bonuses

Equivalent effect of quantitative restriction

Justified -public health? - not sufficient evidence

Question 7

Schmindberger

Answer 7

Environmental protest group blocking road

Right to freedom of expression trumps freedom of movement

Question 8

Omega

Answer 8

Violent games

Proportionality - public sensibility - FRs

Question 9

Grogan

Answer 9

Abortion Pamphlets

Public policy = no EU competence

Question 10

Rosengren

Answer 10

Monopoly on alcohol

Object - control consumption
Prohibition unsuitable for achieving object - went beyond what was necessary

Question 11

Human Plasma

Answer 11

Necessity

Blood

Question 12

Scotch Whiskey

Answer 12

What is necessary to protect human health? - for referring court to determine

Question 13

Gaston

Answer 13

‘elimination of all obstacles to intra-union trade’