Free movement of goods 2 - non-fiscal barriers Flashcards Preview

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Flashcards in Free movement of goods 2 - non-fiscal barriers Deck (45):
1

What does article 34 state?

Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between member states

2

What are QRs? Which case defines them?

Measures which ammount to a total or partial restraint of imports exports or goods in transit

3

What are MEQRs?

Measures which have the effect of barriers to trade.

4

What are the 2 types of MEQRS?

Distinctly applicable and indistinctly applicable

5

Define distinctly applicable MEQRs

Measures which do not apply equally to domestic and imported goods

6

Define indistinctly applicable MEQRs

Measures which do not expressly distinguish between imported and domestic products, but the effect is one of protectionism.

7

Which directive defines indistinct and distinct applicability?

Directive 70/50

8

Which case defined MEQRs, and how?

Dasson ville - all trading ules enacted by member states which are cpable of hindering directly or indirectly, actually or potentially, intra-community trade.

9

How can distinctly applicable MEQRs be justified?

Article 36

10

How can QRs be justified?

Article 36

11

How can indistinctly MEQRs be justified?

Article 36 and mandatory requirements

12

Firma Denkavit

Imported goods had to be inspected. Distinctly applicable MEQR

13

Buy Irish

Encouraged Irish produce over non-irish. Distinctly applicable MEQR

14

Irish Souvenirs

Imported Irish souvenirs had to bear the label FOREIGN. Distinctly applicable MEQR

15

Dassonville

Required imported products to have a certificate of origin. Distinctly applicable MEQR

16

Walter Rau

Belgian butter and margarine have to be different sizes. Places onerous issue on importers, therefore indistinctly applicable MEQR

17

Commision v Ireland (pipe size)

Ireland prescribed the pipes have to be a set size. Irish made pipes are that size. Therefore indistinctly applicable MEQR.

18

What are the 6 derogations included in article 36 TFEU?

1. Public morality
2. Public policy
3. Public security
4. Public health
5. Protection of national treasures
6. Protection of national industry/ commercial property

19

What is the the rule which applies to all the derogations?

Must be proportionate

20

What 2 cases demosntrate public morality?

Henn and Darby and Conegate

21

What cases demonstrate public policy?

R v Thompson - Coins
Cullett v Leclerc - Petrol

22

What case demonstrates public security?

Campus oil

23

Which cases demonstrate public health?

Commision v Germany (Beer purity) Santos (vitamins) Commision v UK (turkeys) Bluhme (bees) PreussenElektra (renewable energy)

24

Which case demonstrates the proportionality aspect of article 36?

C v Netherlands - Blanket ban on fortified foods.

25

Cassis de Dijon

Germany set minimum alcoholic content level. Cassis de Dijon too low. Indiscriminate MEQR, article 36 not applicable. Developed 2 defences; presumption of mutual recognition and mandartory requirements (rule of reason)

26

What does the presumption of mutual recognition state?

Where something is legally sold in one country, so therefore must be possible to sell it in another country.

27

What are mandatory requirements?

A set of exceptions where indiscriminately applicable MEQRs are permitted, as long as they meet these requriements which are outside article 36.

28

What cases demonstrate presumption of mutual recognition?

Mars
Cassis
Cocoa products

29

What rules are included in the mandatory requirements?

 Effectiveness of fiscal supervision
 Protection of public health
 Fairness of commercial transactions
 Defence of the consumer
 Protection of cultural activities (Cinetheque)
 Protection of the environment (Commission v Denmark disposable beer can)
 Protection of fundamental rights (schmidberger)

30

What are selling arrangements?

Selling arrangements refer to who, when and where the goods are sold.

31

What case set the rules on selling arrangements?

Keck and Mithouard - Article 34 will only apply to product requirements, not to selling arrangements provided the selling arrangement meet these 2 requirements;
Apply to all affected traders operating in the national territory
Affect in the same manner in law and in fact the marketing of domestic and imported products.

32

Tankstatin (netherlands)

Dutch rules meant petrol statiosn had to close at night, but judged to be selling arrangement so not an MEQR, so article 34 does not apply.

33

What case showed sunday trading rules are selling arrangements?

Stoke-on-Trent v B & Q

34

De Agostini

Swedish ban on TV advertising to children. Not selling arrangement as discriminatory against imported goods wishing to break market, to which TV advertising necessary. Therefore article 34 applies

35

Gourmet international products

Swedish restrictinos on alcohol sale argued that affected imported products more. rebutted on public health derogation under article 36, up to court to decide.

36

herbert Karner

Austrian restriction on advertising goods for auction from insolvent companies. Seen as selling arrangement not MEQR.

37

What rules were set in Herbert Karner?

ADvertising is a selling arrangement not an MEQR where;
No total ban on advertisement
There was an alternative means of advertising
Access to doestic market for imports was not made more difficult

38

Fachverband v LIBRO

Austrian law setting minimum price for German language books. MEQR not selling arrangement as priced domestic and imported books differently

39

What does article 35 state?

Mirror image of article 34 but exports rather than imports

40

Does article 35 effect indistinctly applied MEQRs?

No, as this would create a situation where exporters would have to adhere to 2 sets of rules

41

What exceptions apply to article 35?

Article 36 but not Cassis

42

What exceptions apply to QRS?

Article 36

43

What exceptions apply to distinctly applied MEQRS?

Article 36

44

What exceptions apply to indistinctly applied MEQRs?

Article 36 and Cassis exceptions

45

What exceptions apply to non-discriminatory selling arrangements?

article 36 and cassis mandatory requirements