TFEU Articles

Question 1

Article 30 TFEU

Answer 1

Ban on customs duties on imports, exports and CEEs.
Showing that the charge is not a customs charge or CEE:
1) The charge was a payment for genuine administrative services.
2) Fulfilment of mandatory legal requirements.
3) The charge is actually an example of internal taxation, TFEU Article 110.

Question 2

Article 110 TFEU

Answer 2

Ban on internal taxation on products of other Member States in excess of similar domestic products.

Question 3

Article 34 TFEU

Answer 3

Ban on quantitative restrictions on imports and measures having equivalent effect. Justified under article 36.

Question 4

Article 36 TFEU

Answer 4

Justifying an MEQR or a QR on grounds of public morality, policy and security. Protection of health and life of humans, animals or plants; protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property.

Question 5

Article 45

Answer 5

Free movement of workers.
Article 45(3) limitations permissible for public policy, public security and public health.

Question 6

Directive 2004/38

Answer 6

Provides rights for economically active EU citizens and non-economically active ones.
Article 6: initial right of entry and residence up to 3 months to all EU citizens and their families
Article 7.1a: workers
Article 7.1b: non-economically active
Article 7.1c: students

Question 7

Article 21 TFEU

Answer 7

Right to move and reside freely within the territory of the Member States subject to limitations.
(European Union Citizenship)

Question 8

Article 49

Answer 8

Freedom of establishment. Includes the right to set up and pursue activities as self-employed persons.

Question 9

Article 54

Answer 9

Freedom of establishment (companies)

Question 10

Article 56

Answer 10

Freedom to provide services

Question 11

Article 57

Answer 11

Defines services. Provides services in return for remuneration. Non-discrimination.

Question 12

Article 101.1

Answer 12

Prohibits all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object of effect the prevention, restriction or distortion of competition within the internal market.

Question 13

Article 101.3

Answer 13

Exceptions to article 101.3. Must fulfil four conditions:

1) Contributes to improvement of the production or distribution of goods or promotion of technical or economic progress.
2) Allows consumers to receive fair share of the resulting benefit
3) Imposes no restrictions on competition that are not indispensable
4) Does not create the possibility for the undertakings involved to eliminate competition in respect of a substantial part of the products in question.

Question 14

Article 102

Answer 14

Abuse of a dominant position within the internal market i so far as it may affect trade between Member States.