Week 9

Question 1

The internal market

Answer 1

Is realized by four freedoms;

1. Goods
2. Workers / people
3. Services
4. Capital

The internal market is maintained by a double strategy

• Prohibitions = negative integration
• Harmonization = positive integration

Question 2

What is a good?

Answer 2

Term has an autonomous EU meaning;

a) Commodities with monetary value
b) Objects that are subject to commercial transactions

Not covered by the definition of goods = weapons

Question 3

Dassonville

Answer 3

Every trading rule which, directly or indirectly, actually or potentially, hinders intra-community trade is not allowed

In this case: the certificates could not be obtained without extra effort, so unlawful

Question 4

Cassis de Dijon

Answer 4

Court rules in this case;

1. Product rules that do not discriminate also qualify as a quantitative restriction or MEE
2. Rebuttable presumption: mutual recognition, if product legally produced and marketed in one Member state, it should also be ok in another member state

Question 5

Not caught by the prohibition

Answer 5

• Hypothetical hindrances (unlike ‘potential’ hindrances in Dassonville)
• Purely internal situations (when no borders are crossed)
• Instances of ‘reverse discrimination’
• Selling arrangements (Keck)