Free Movement of Goods Flashcards
(23 cards)
Definition
No restrictions on the movement of goods (anything w/ monetary value and potential to be commercialized)
Article 30 TFEU
(Relevant legal framework)
Prohibits customs duties (trade tariffs) and charges having equivalent effect (CEE)
- No entry fees
Article 34 TFEU
(Relevant legal framework)
Prohibits quantitative restrictions or measures having equivalent effect on imports from other MS
Article 35 TFEU
(Relevant legal framework)
Prohibits quantitative restrictions and measures having equivalent effect on exports to other MS
Article 36 TFEU
(Relevant legal framework)
Derogations/exemptions for Articles 34 & 35 on public interest grounds (e.g. safety, health, cultural heritage concerns)
- Must be considered fair
Article 110 TFEU
(Relevant legal framework)
Prohibits discriminatory internal taxation on imported goods vs. domestic goods (e.g. taxes on the same good that just comes from foreign MS)
Cross-border element
(Scope of free movement of goods)
Unless what?
If no cross-border situation is at hand (two MS), the EU does not get involved
- Unless discrimination
Vertical direct effect and applicability
(Scope of free movement of goods)
Individuals can invoke free mov. of goods against state, quasi-state, and state supported entities
Same case with all fundamental freedoms
Fiscal measures
Financial rules that countries use to make things more expensive once they cross a EU border (MS:MS)
Ex:
- Customs duties and CEE (30 TFEU)
- Discriminatory internal taxation (110 TFEU)
Quantitative restrictions
Bans/limitations on imports/exports
- Ex: quotas
Measures having equivalent effect to quantitative restrictions
(Definition, scope and application)
Any national rule that hinders market access for a good from a foreign MS
Includes advertising bans, administrative practices (purposefully slow approvals), and omissions (countries failing to act)
Applies to the rules of private and quasi-state entities as well
Distinctly applicable measures
Discriminatory rules that treat imported goods/persons/services differently
Ex: ‘Buy Irish’ campaigns in Ireland
Indistinctly applicable measures
Non-discriminatory rules that apply equally but restrict free movement in practice
Dassonville case
MEE: All trading rules that can hinder market access violate free movement of goods
Cassis de Dijon case
Goods sold lawfully in one MS should circulate freely in others
Affect product requirements (rules affecting the intrinsic characteristics of products)
Selling arrangements
The way products are sold, invalid if discriminatory
Keck & Mithouard case
Article 34 TFEU does not apply to selling arrangements if they apply equally, not discriminating in law (wording of the law) or in fact (application of the law)
Recent expansion on free movement of goods
Bans on use of product affect market access
Severe advertising restrictions are in scope of EU law
Remoteness
(Limits of market access approach)
If the restriction is too indirect or uncertain EU law cannot step in
Purely uncertain situations
(Limits of market access approach)
Reverse discrimination (foreign>national) is outside of market access approach because it is within one country and not cross borders
Gysbrechts case
Indistinctly applicable measures are also in scope if they apply equally but pose a greater burden on foreign goods
Treaty based justifications
Uses grounds like public policy
Must be proportionate (necessary + appropriate) and legit (serves only a public policy purpose and not an economic one)
Case law based justifications
Only for indistinctly applicable measures
