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Flashcards in EU Law - Free Movement of Goods Deck (231):
1

Which case defines an MEEQR as 'all trading rules enacted by Members which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade'

Dassonville

2

Why was the Irish Goods Council found to be a public body and falling under Article 34 in Commission v Ireland [1982]?

Government invoved in appointment and organisation of members

3

What does Weatherill accept his MA test will likely lead to?

Uneven application in courts

4

Article 30 TFEU

Prohibition of customs duties and charges with equivalent effect

5

How does Van der Woude think market circumstances (SAs) should be reviewed?

Under rule of reason - need to justify a mandatory requirement more important than FMG AND proportional to objective

6

Name at least two cases which conflicted on whether equal burden rules fell prima facie within Article 34

Oebel and Cinetheque

7

Schmidburger v Austria judgment

Prima facie fell within Article 34 scope, despite authorisation by the state, unless a justification under Article 36 or through Keck MRs could be invoked

8

Franzen general

Licence for anyone engaged in making/wholesale of alcohol

9

How did Mortelmans describe SAs?

Measures targeting who can sell, where they can sell and when

10

What rule did the court introduce in Dassonville?

'Rule of reason'

11

Why does Spaventa enforce that it is LEGALLY important, even if not practically important, to know what the effect of Commission v Italy has been on Keck?

If we exclude certain SAs from Article 34, whilst also switching to an MA test, how will we explain why some categories are caught regardless of discrimination and others are not?

12

Nominally private body under the control of the state and funded by the state allowed Article 34 to be used against it

Commission v Ireland

13

Who argued that the switch from actual to potential intra-Community relevance is entirely consistent with MA rationale?

Tryfonidou

14

Tankstation 't Heuste

Opening hours of petrol stations are SAs

15

Commission v UK judgment

Only acceptable to mark with origin if implied quality, the use of certain materials or process or is indicative of a special place in tradition

16

Oebel general

Bakery products before 5:45am

17

Herbert Karner general

Prohibition of advertising products as coming from an insolvent estate

18

In regard to his 'direct and substantial hindrance' MA test, what does Weatherill suggest is inadequate?

'A mere reduction in the volume of sales of imports'

19

Which Article of which Treaty governs imports MEEQR

Article 34 TFEU

20

Oebel on limits of Article 34

Equal burden rules relating to selling arrangements fall outside Article 34

21

What are the two Commission v Ireland cases?

Commission v Ireland [1982] buy irish and Commission v Ireland [1988] Dundall water

22

Who advocated a 'direct and substantial hindrance' MA test?

Weatherill

23

Deserbois

Edam France fat content

24

What did AG Bot advocate in Commission v Italy: Towing?

Broad Dassonville approach and MA test on ALL measures

25

Edam France fat content

Deserbois

26

Union Departement des Syndicats v SIDEF judgment

Sunday trading hours were proportionate

27

What did Spaventa believe the broadening of FMG signalled?

The latest stage in a long and tortuous path from the common market to the competitive internal market

28

What case made it clear G needs to take all necessary and reasonable measure to ensure FMG EVEN IF private parties have taken the main role in restricting FMG?

Commission v France

29

Directive 70/50 Article 2

Gives list of matters which may constitute an MEEQR

30

Commission v France general

Postal franking machines

31

In what case did the court accept advertising is usually an SA and thus prima facie outside Article 34?

KO v De Agostini

32

Tommaso Morellato v Commune di Padova judgment

Packaging usually PR, but happened later so SA

33

What two possible reading do Craig and De Burca give of FMG MA test?

MA is overarching principle, or MA is a residual category capturing all that doesn't fit with SA or PR

34

Franzen judgment

If SA measure limits rather than prohibits MA, still falls within Article 34 bc differential impact in fact/law

35

Apple and Pear Development Council v KJ Lewis

Statutory obligation on fruit growers to pay Council levies made body public

36

Article 35 TFEU

MEEQRs on exports

37

Herbert Karner judgment

Courts look to intensity of the restriction - very mild compared to KO v Gourmet so less likely to be discriminatory

38

What are the four fundamental freedoms?

Freedom of goods, persons, services and capital

39

Why does Spaventa argue that whether or not Commission v Italy has done away with Keck distinction is unimportant practically?

Broad interpretation of discrimination by ECJ brings most SAs under Article 34

40

What did Dassonville state about intent?

No discriminatory INTENT needed - just effect is crucial

41

From which case do we learn the basic definition of a QR?

Geddo v Ente Nazionale Risi

42

Schmidburger v Austria general

Environmental protests on major transit routes, but authorised

43

Schmidburger v Austria covers what area of FMG?

Article 34 VE qualifications

44

What two cases seem to show the courts show a clear propensity to find broad restrinctions on advertising do indirectly discriminate?

Deutscher Apothekerverband v DocMorris and Herbert Karner

45

In what case did he court find SAs fell within Article 34 because they can restrict volume of imports by affecting marketing opportunities?

Oosthoek

46

Give two examples of mandatory requirements

Fiscal supervision and public health

47

Procureur du Roi v Dassonville general

Japanese Scoth authentication, already in circulation elsewhere

48

What AG in Commission v Italy advocated a broad Dassonville approach and MA test on ALL measures?

AG Bot

49

Which Article of which Treaty prohibits discriminatory taxation?

Article 110 TFEU

50

What case suggested the court look to the intensity of the SA restriction when decided if it has a differential impact in law or fact?

Herbert Karner

51

Fachverband v LIBRO judgment

Allowing domestic retailers to match the market, but tying importers to publisher's retail price was DA MEEQR

52

Commission v Ireland [1982] general

'Buy Irish'

53

Who took AG Jacobs argument on Groenveld in Alpine Investments further?

Weatherill

54

What case gave an example of administrative discrimination as a DA MEEQR?

Commission v France

55

Fachverband v LIBRO general

Importer of books cannot fix

56

Henn & Derby

Absolute ban on importation of sexually explicit goods

57

KO v De Agostin general

Advertising for 12 and skincare

58

Name a case which thought SAs fell outside Article 34

Oebel

59

When does Weatherill believe reverse discrimination (i.e. restricting domestic traders) should not be allowed?

When it impedes access to external markets (e.g. in horsemeat case)

60

Who believed Keck had 'passed its sell-by date'?

Spaventa

61

Why does Weatherill not find the fact that his test is likely to lead to uneven application worrying?

Because this is present in other area of EC law as well

62

What is the basic rule regarding Article 34, Article 101 and 102 TFEU?

Article 34 applied to national measures, Articles 101 and 102 apply to private action

63

Punto Casa v Sindaco del Comune

SA covers shopping hours

64

Alfa Vita judgment

No SA as governed the production process

65

What two cases show an Article 34 claim can still be brought even if private parties have taken a primary role in the restriction?

Commission v France; Schmidburger v Austria

66

What academic in particular argued even non-discriminatory SAs should fall within Article 34 if they substantially hinder MA?

Barnard

67

Deutscher Apothekerverband v DocMorris judgment

More direct way of selling for companies outside Germany so the prohibition on ads did indirectly discriminate

68

Which case developed Dassonville?

Cassis

69

Dynamic Medien definition of SA

Measures which restrict the marketing of products at certain points of sale, and limit commercial freedom of operators without affecting the actual characteristics of the product

70

What is the basic definition of a QR?

'All measures which amount to a total or partial restraint of, according to the circumstances, imports, exports, or goods in transit'

71

Aklagaren v Percy Mickelsson general

Personal watercraft on waterways

72

According to AG Van Gerven, what did the court in Torfaen look to?

Whether the market was partitioned into separate national markets, not whether the measure was discriminatory

73

Groenveld BV v Produktschap general

Horsemeat never in stock

74

Rau general

Cube-shaped margarine

75

In what scenario is there a limit on Article 34?

When the rule imposes an equal rather than dual-burden

76

Why does AG Van Gerven believe the court advocated a MA test in Torfaen BC v B&Q?

Court looked at whether markt was partitioned into separate national markets, not whether measure was discriminatory

77

Vereinigte Familiapress general

Prized crossword

78

Who referred to the Keck test as having a 'disturbingly formalist tone'?

Weatherill

79

What two subcategories are MEEQRs divided into?

Distinctly applicable measures (discrimination in law)

80

Groenveld BV v Produktschap judgment

Dutch trader could not rely as only for exported goods under Article 35, and no discrimination

81

What is a major criticism of the Cassis judgment?

Leads to a regulatory race for Members to make sure their domestic products aren't disadvantaged

82

Commission v Italy general

Imported car registration requirements

83

In regard to the broadening scope of FMG, what did Spaventa suggest the courts will need to leave and to protect what?

Wide margin of appreciation to avoid usurping national regulatory autonomy

84

When, according to AG Jacobs' MA test, would SAs fall under Article 34?

When thy substantially hinder MA, which is where the threshold de minimis requirement comes in handy

85

What AG found Keck unsatisfactory on two particular counts?

AG Jacobs in Leclerc-Siplec

86

Fraibo SpA v Deutsche Vereinigung

Article 34 applies to standardisation and certification activities of a private body

87

Commission v Ireland on VE of Article 34

Nominally private body under control of state and funded by them, allowed Article 34 to be raised against it

88

According to Mortelmans, restrictions on product conditions and import/manufacture of products result from what?

Disparities between different national rules

89

Commission v Italy general

Towing

90

Rosengren & Others

State monopoly on alcohol in Sweden

91

What are the four main criticisms of Keck given by Weatherill?

No reason given for insufficient impact on trade, fails to name at least some overruled decisions, hinting over-ambitious traders were at fault for exploiting peculiarities the courts had created and the 'disturbingly formalist tone'

92

Which case explores the meaning of 'goods'?

Commission v Italy

93

Rewe-Zentral v Bundesmonopolverwaltung general judgment

No valid reason and no general interest in measure on alcohol level, so IA MEEQR

94

Why do Craig and de Burca not believe MA is a residual category?

It must be the core concept with which we are concerned - can't explain anything else without leading back to MA as the primary reason for the concern. E.G. discrimination is background value, but why do we care? We must care about protectionism, but what does protectionism hinder? MA.

95

What case exemplifies a 'dual-burden' rule?

Cassis

96

What case clarified the position of Article 34 in relation to SAs?

Keck v Mithouard

97

Why does Spaventa believe Keck is not respectful to NRA/NPR?

Because the ECJ have taken such a wide interpretation of discrimination that most SAs fall under Article 34 regardless

98

What is an example of an MEEQR possibility given in Directive 70/50 Article 2?

Maximum or minimum prices for imported products

99

Torfaen Borough Council v B&Q general

Sunday trading hours

100

Who suggested Groenveld may have been different if the rules of the exporting state concerned the production AND marketing of the goods?

AG Jacobs in Alpine Investments

101

Cinetheque judgment

Equal burden (SA) prima facie caught by Article 34 but jusified by socio-economic policy

102

Boutelier general

Quality check on watcher for export, but not domestic

103

Cassis de Dijon

Rewe-Zentral

104

Article 3(3) TEU

Union establishes internal market, working for sustainable development of EU

105

What case showed a DA MEEQR on price fixing?

Fachverband v LIBRO

106

How does Weatherill attempt to bring reverse discrimination within EC law?

Permitting RD when the only effect is to infrnge domestic commercial freedom - cannot impede access to external markets

107

Aklagaren v Percy Mickelsson judgment

Court found hthe measure on product use fell within Article 34, but justified by protection of environment

108

Statutory levies to Council by fruit growers rendered the body public for the purposes of Article 34

Apple and Pear Development Council v KJ Lewis

109

Rewe-Zentral v Bundesmonopolverwaltung general

Cassis de Dijon

110

Which case attempted to define SAs?

Dynamic Medien

111

Name at least one case which shows Article 34 has 'HE' (really VE because seen as part of the state) to bodies which are under the control of G or has special powers

Commission v Ireland OR Royal Pharmaceutical Society ex p Association of Pharmaceutical Importers OR Apple and Pear Development Council v KJ Lewis

112

Tommaso Morellato v Commune di Padova general

Bake-off bread, different package

113

Why does Mortelmans remove SAs from Article 34?

Because they relate to moving activities, which assumes free circulation anyway

114

What Directive gives a list of matters which may constitute an MEEQR?

Directive 70/50 Article 2

115

Commission v Ireland [1988] general

Dundall water

116

What are the two 'bake-off bread' cases?

Tommaso Morellato v Commune di Padova and Alfa Vita

117

Oosthoek general

Gifts with encyclopaedia

118

What presumption did the court adopt in Cassis?

Rebuttable presumption of mutual recognition

119

Keck v Mithouard judgment

SAs which do not hinder trade within Dassonville judgment meaning fall outside Article 34 generally

120

What worry does Spaventa express about the MA test?

Not qualified, raising qs about Article 34 boundaries and theoretical underpinning justifying such a broad interpretation

121

Commission v France [1997] general on Article 34 VE

Strawberry block by French farmers

122

What does Article 70/50 Article 3 cover?

IA measures

123

What specific 'reasons' falling under the rule of reason did the court in Cassis give?

Mandatory requiremets - e.g. fiscal supervision and public health

124

Oosthoek judgment

Certain SAs restrict volume of imports because affects marketing opportunities, but justified by mandatory requirements relating to consumer protection and fair trading

125

Commission v Ireland [1982] on what is a state entity

Irish Goods Council public as Government involved in appointment and organisation of members

126

What kind of discrimination do we see in distinctly applicable measures?

Discrimination in law

127

Commission v Italy Towing used what test?>

MA test

128

Who argued the court looked at whether market was partitionted into separate national markets by possible MEEQR when deciding in Torfaen?

AG Van Gerven

129

Ex p Hedley Lomas judgment

QR on export - national standards of animal welfare could not be imposed on exporters

130

Fraibo SpA v Deutsche Vereinigung on Article 34

Applies to standardisation and certification of private-law body, even if no G funding and G has no decisive influence over the body

131

Commission v Italy judgment

Fell within Article 34 but could be justified by public safety

132

In what case did the court look at whether market was partitioned into separate national markets?

Torfaen BC v B&Q

133

When did Weatherill suggest Keck WAS appropriate?

As an antidote to the wild excesses of the case law on SAs

134

What additional requirement did AG Jacobs add to his MA test>

De minimis requirement

135

Ex p Hedley Lomas general

Live sheep, Spain

136

Article 110 TFEU

Prohibition of discriminatory taxation

137

What does Barnard favour in regard to Keck?

Abandon the distinction set down therein, giving support to AG Jacobs' general test of substantial hindrance from Leclerc-Siplec

138

Which case suggested there may be a QR if there is a state monopoly and no counter-balancing obligation?

Rosengren & Others

139

What is the qualification on the basis that Article 34 has VE but not HE?

Includes bodies which are under the control of G or have special powers

140

What case is an extreme example of a QR?

Henn & Derby - sexually explicit

141

What type of discrimination is covered under indistinctly applicable measures?

Discrimination in fact

142

Geddo v Ente Nazionale Risi on definitions

Basic definition of QR is 'all measures which amount to a total or partial restraint of... imports, exports, or goods in transit'

143

Cinetheque general

First year, ban of sale/hire of films

144

Article 34 TFEU

'QRs on imports and all measures having EE shall be prohibited'

145

When does a QR take effect?

At point of entry

146

What case showed the ECJ rejected the argument that the measure was needed for consumer protection, because they could avoid confusion through clear packaging?

Rau

147

What two cases show a distinctly applicable MEEQR on export and import restrictions?

Commission v Italy (import) and Boutelier (export)

148

KO v Gourmet International general

Alcohol on TV and in periodicals

149

How does Mortlemans suggest Article 34 should apply?

Apply to DA rules, and IA rules without a territorial element (i.e. SAs would be excluded)

150

Article 34 VE makes it incumbent on G to take all necessary and appropriate measures to ensure FMG, even when private parties set up blockades and obstacles

Commission v France [1997]

151

Who argued the broadening of the scope of FMG 'signals the latest stage in a long and tortuous path from the common market to the competitive internal market'

Spaventa

152

Rosengren & Others judgment

Court found breach due to 'absence of counter-balancing obligation in every case on the monopoly'.

153

What two cases does Spaventa use to suggest the courts have accepted an MA test?

Commission v Italy: Waterways and Aklagaren v Mickelsson

154

Vereinigte Familiapress judgment

Crossword was a PR as would require alteration of the product

155

What case suggested Article 35 TFEU only applies to discriminatory measures?

Criminal Proceedings against Marco Grilli

156

Alpine Investments, AG Jacobs on Groenveld

The same would not have been true had the rules of the exporting state concerned the marketing of the product as well, not just the production of the goods

157

According to Mortelmans, restrictions concerning market circumstances result from what?

The very existence of the rules rather than from disparities between Member State rules

158

KO v Gourmet International judgment

Greater effect on imported - allowied in periodicals distributed at point of sale, so fell within Article 34

159

What do Craig and de Burca not believe could be maintained if MA is ecognised as the overarching principle?

Distinction between PR and SA

160

What test did AG Jacobs advocate in Liclerc-Siplec?

Market access

161

Commission v France [1997]

Stawberry block by French farmers

162

Which case stated Article 34 applies to standardisation and certification activities of a private body?

Fraibo SpA v Deutsche Vereinigung

163

When did the court say advertising may fall inside Article 34 and in what case?

When it amounts to an outright ban - KO v De Agostini

164

In what case did the court highlight the inability to compete and challenge traditional consumption habits as a result of a ban on advertisements of alcohol?

KO v Gourmet International

165

Why did Weatherill argue the special category of SA in Keck was contrary to Dassonville judgment?

Focuses on FORM of measure instead of its effect on trade

166

Who terms Keck a 'cleansing operation'?

Weatherill

167

What did the ECJ say was irrelevant in Commission v Ireland [1982]?

The fact that the campaign has failed

168

Who described SAs as being measures targeting who can sell, where and when

Mortelmans

169

Commission v France judgment

Administrative discrimination by refusing to approve British machines

170

Huenermund

An SA covers advertising

171

Which case stated that SAs which do not hinder trade within Dassonville judgment meaning fall outside Article 34 generally?

Keck

172

Power to regulate access to profession through rules and performance of disciplinary function allowed Article 34 to be raised against it through VE

Royal Pharmaceutical Society ex p Association of Pharmaceutical Importers on VE of Article 34

173

What was the judgment in Keck based in part on, which had been prevalent in the previous confusing case law (and advocated by academics like Beaumont and Weatherill)?

Equal/dual burden distinction

174

Commission v Ireland [1982] judgment

Promoted purchase of domestic products over imported goods

175

What did AG kokott in Aklagaren argue?

If provisions have the effect of preventing the use of a product for its specific purpose, this hinders MA and falls within Article 34

176

Name at least two cases which thought SAs did fall within Article 34

Torfaen, Oosthoek and Cinetheque

177

What are the three qualifications to the idea that Article 34 govens national action whilst competition law govens private action?

Issue as to what constitutes a state entity, can apply to standardisation and certification of a private-law body and applies against state even if private parties have taken a primary role in the restriction

178

Which Article of which Treaty prohibits customs duties and charges with equivalent effect?

Article 30 TFEU

179

What other academic supported Mortelmans' proposition for a threshold requirement on MA test?

Spaventa

180

In what case did AG Jacobs find Keck unsatisfactory?

Leclerc-Siplec

181

How did Weatherill refer to Keck?

As a 'cleansing operation'

182

Which case made it clear sunday trading hours were proportionate?

Union Departement des Syndicats v SIDEF

183

Which case defined SAs as measures restricting marketing of products at points of sale, and limiting commercial freedom without affecting actual characteristics of the product?

Dynamic Medien

184

What did the court highlight about advertising on the behalf of the defendant in KO v De Agostini?

It was the only effective way for them to penetrate the market in this case

185

Why do Craig and de Burca suggest MA should not be the overarching principle in FMG?

No clear consensus on what it contains - although similar test in competition law, there they have consensus, and private arrangements rather than national regulations are at stake

186

KO v De Agostin judgment

SA needs to have a greater impact on importers/exporters than domestic, depending on the particular facts

187

Commission v Italy on 'goods'

'Products that can be valued in money and which are capable, as such, of forming the subject of commercial transactions'

188

Royal Pharmaceutical Society ex p Association of Pharmaceutical Importers on VE of Article 34

Power to regulate access to profession through rules and performed disciplinary function, allowed Article 34 to be raised against it

189

What two counts did AG Jacobs find Keck to be unsatisfactory on?

Inappropriately rigid category of SA, and test of equal burden out of line with single market goal

190

Which Article of which Treaty outlines the four fundamental freedoms?

Article 26(2) TFEU

191

Commission v UK general

Origin mark

192

What was not mentioned in either of the two cases supposedly advocating an MA test according to Spaventa?

A threshold de minimis requirement, as advocated by Mortelmans and enforced by Spaventa

193

How did the court describe an MEEQR in Commission v Italy?

A discriminatory measure and 'any other measure which hinders access of products originating in other Member States'

194

What two cases on bake-off bread should be compared to see SA requirements?

Tommaso Morellato v Commune di Padova and Alfa Vita

195

Commission v Italytowing covers what area in particular in FMG?

Product use

196

What principle in particular did the court build on in Cassis from Dassonville?

Rule of reason

197

Rau judgment

No justification through consumer protection as could avoid confusion by clear packaging

198

Commission v France on obligations of G in regard to FMG and private party braches

G needs to take all necessary and reasonable measures to ensure FMG, EVEN WHEN private parties set up obstacles and have taken the main role in restricting FMG

199

Why did it become necessary to distinguish between PRs and SAs?

Hugely expansive notion of MEEQR in Cassis

200

What did the 5 Members who intervened in Commission v Italy: Towing argue for?

Extension of Keck to rule on product use, removing them from Article 34 unless within Dassonville

201

In Torfaen, what three categories did the court distinguish between?

Measures regulating product conditions, measures prohibiting import/manufacture of products and measures regulating market circumstances

202

How did the case of Fraibo SpA v Deutsche Vereinigung expand the ambit of Article 34?

Applies to standardisation and certification activities of a private body, when one would expect these to be classified as private actions under Article 101 and 102 TFEU

203

What made the body in Apple and Pear Development Council v KJ Lewis public?

Statutory obligation on fruit growers to pay Council levies

204

What is a positive/advantage of the Cassis judgment?

Ensures imports only need comply with one set of rules

205

Why did AG Jacobs believe the equal burden test was out of line with single market goal?

Any obstacle to inter-state trade is still THERE regardless of equal burden

206

Apple and Pear Development Council v KJ Lewis on Article 34 VE

Statutory levies to Council by fruit growers rendered the body public

207

How does Spaventa show there is an expanding definition of 'intra-Community' in the case law regarding Article 34?

There now only needs to be the POSSIBILITY that other people in other Members would have been interested in the restricted service/good

208

Article 34 pplies to standardisation and certification of private-law body, even if no G funding and G has no decisive influence over the body

Fraibo SpA v Deutsche Vereinigung

209

What two academics make a distinction between equal and dual burden rules when considering the limits of Article 34?

Weatherill and Beaumont

210

What three cases show that SAs fall under Article 34 when they have a differential impact in law or fact?

Franzen, KO v Gourmet International and KO v De Agostin

211

Why does Weatherill criticise the special category of SA in Keck?

Focuses on the FORM of a measure, instead of its effect on trade

212

What did Spaventa highlight about the definition of an MEEQR in Commission v Italy: Towing?

Reference to 'any other measure' hindering imports may either only apply to a residual category (i.e. measures which aren't PRs or SAs), or may dispose of the distinction altogether

213

Which Article of which Treaty governs exports MEEQR?

Article 35 TFEU

214

Article 26(2) TFEU

Four fundamental freedoms - goods, persons, services and capital

215

Who termed the new MA test a 'more sophisticated approach' than Keck?

Weatherill

216

What sowed the seed for Cassis in Dassonville?

Focus on effect; not needing discriminatory intent

217

Weatherill on AG Jacobs in Alpine Investments

Should be taken further - rule in Groenveld restricts martket acess, so should need to be justified and fall AUTOMATICALLY within Article 35

218

Keck v Mithouard general

Pecan beer, below production cost

219

Commission v Ireland [1988] judgment

Can't reject international standards if of the same level, and only one body had been approved by Irish standards - Irish body.

220

Commission v France [1997] judgment

Incumbent on G to take all necessary and appropriate measures to ensure FMG, even when private parties set up blockades and obstacles

221

What is mutual recognition

The idea that if a good is lawfully produced and marketed elsewhere, they can be distributed and sold in other Member States.

222

What are the two rationales for why Article 34 only had VE?

Private bodies aren't powerful enough to impede MA, and division of labour as competition law is concerned with behaviour in private undertakings, whilst Article 34 regulates public behaviour and undertakings

223

What is a dual burden rule?

Needing to comply with rules in export state and state you are importing into

224

How does Dassonville define MEEQRs?

'All trading rules enacted by Members which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade'

225

How did AG Jacobs suggest the category of SA in Keck should have been altered?

Should be a single test of general application

226

What is the general rule with regard to vertical/horizontal effect of Article 34?

It has vertical but not horizontal effect

227

What is the 'rule of reason'?

Reasonable restraints may not be caught as an MEEQR

228

Criminal Proceedings against Marco Grilli

Suggests Article 35 TFEU only applies to measures which discriminate, unlike Article 34

229

What are the two qualifications on Keck and SAs?

ECJ can characterise SAs as PRs, if they wish, and if the SA has a differential impact in law or fact (under Dassonville), then within Article 34

230

Deutscher Apothekerverband v DocMorris general

Internet sales of pharmaceuticals banned

231

Alfa Vita general

Fully equipped bakeries

Decks in Law Second Year Class (62):