Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

EU Law > Free Movement of Goods > Flashcards

Free Movement of Goods Flashcards

(64 cards)

Start Studying
1
Q

Italian Art

A

Goods = products that can be valued in money and are capable of forming the basis of commercial transactions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Diamentarbeiders

A

CEEs are strictly prohibited, even if non-protectionist and for social benefit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Bresciani

A

Charge must be benefit to the importer to be lawful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Statistical Levy

A

CEE = charge imposed imposed unilaterally on goods by reason of them crossing the border, and is not a customs duty in the strict sense (consideration for service provided to an importer)
Irrrelevant - size, designation, mode of application, benefit to the state, non-discriminatory, non-protectionist

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Belgian Warehouses

A

The service must be at the request of the importer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Dansk Denkavit

A

A levy to fund the cost of foodstuffs crossing the border is lawful if it also applies to domestic products

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Commission v Germany (Animal inspections)

A

Article 30 does not apply to a system of internal dues or a proportionate payment for a service rendered to the importer, or is required by community law
Charge must not exceed the cost of the inspection
Must be obligatory and uniform for all relevant products within the EU
Must be prescribed by EU law and in the general interests of the union
Must ultimately increase the free movement of goods by removing barriers caused by unilaterally imposed measures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Lutticke

A

CEEs and internal taxation are covered by two mutually exclusive systems
Article 110 has direct effect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Commission v Netherlands

A

An inspection is lawful if the obligation is uniformly imposed on all Member States by reason of international treaty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Levy on Reprographic Machinery

A

Tax = a general system of internal dues applied systematically to categories of products irrespective of their origin
Distinctly applicable taxes will be unlawful where domestic production is negligible and serves a protectionist effect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

John Walker

A

Needs are determined from consumers’ perspective, characteristics are objectively determined

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Commission v Denmark (Fruit and Grape Wines)

A

Products will be similar if they meet the same consumer needs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Commission v France (Spirits)

A

Similarity = similar and comparable use
Products may not be similar but may be in competition - would a consumer switch if one became more expensive or unavailable?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Rewe Zentrale

A

Test for similar products: whether, at the same stage of production and marketing, the products had similar characteristics and met the same needs of the consumer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Regenerated Oil

A

Direct discrimination cannot be justified

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Humblot

A

Tax system was indirectly discriminatory as it had the effect of cancelling out the competitive advantage of imported cars

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Commission v Greece

A

Indirect discrimination can be justified

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Chemical Farmaceutici

A

Indirect discrimination may be justified if there is an objective distinction between the products, it pursues a legitimate aim, and other legislation is not discriminatory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Commission v Belgium (Wine)

A

Wine and beer were in competition, but the higher tax rate was insignificant when considered with the higher price of wine, so it did not affect consumer behaviour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Commission v UK (Wine and beer)

A

Tax policies cannot crystallise consumer behaviour in order to justify protectionist policies in regards to domestic products

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Nationale Road v Belgium

A

Any measure prohibiting goods which have not been previously authorised from being marketed, sold or bought, constitutes an MEQR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Royal Pharmaceutical Society of GB

A

Measures adopted by professional bodies accorded regulatory powers by the state may fall under Article 34

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Buy Irish

A

Member states cannot circumvent Article 34 by relying on a private company
An MEQR is a measure which influences traders’ choices and frustrates the free movement of goods

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Irish Souvenirs

A

A measure which gives preference to domestic goods is an MEQR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Spanish Strawberries
A MS will be in breach of Article 34 if it does not take steps to prevent private bodies from impeding the free movement of goods
26
Geddo
Quantitative restriction = any measure which amounts to the total or partial restraint on imports, exports, or goods in transit
27
R v Henn & Darby
A ban is the strictest form of quantitative restriction | A member state can determine its own set of values in justifying a restriction in terms of public morality
28
International Fruit
Quotas on imports are a quantitative restriction
29
Bescanscon v Bouhelier
Held to be an MEQR as it was arbitrary discrimination which hindered interstate trade
30
Groenveld
Reluctant to apply Article 35 to indistinctly applicable measures if they only impose a dual burden on domestic goods (non-protectionist)
31
Gysbrechts
Indistinctly applicable measures can breach Article 35 when they leave exported goods at a disadvantage
32
Dassonville
MEQR = trading rule enacted by a member state that is capable of hindering intra-community trade (directly, indirectly, potentially or actually) Introduced idea of mandatory requirements - should not act as a hindrance to trade and should be accessible to al community nationals
33
Denkavit
Imposing additional requirements on imported foodstuffs constituted a distinctly applicable MEQR
34
Mars
Not a selling arrangement - printed on the wrapper so an integral part of the product - full under product requirement (Article 34)
35
Familiapress
Not a selling arrangement - printed in the newspaper so an integral part of the product - fell under product requirement (Article 34) Justifiable on grounds of maintaining diversity of the press
36
Oosthoek
Selling arrangements could be MEQRs if they act as an obstacle to free movement of goods Could be justified on grounds of consumer protection
37
Torfaen BC v B&Q
Sunday trading laws held to be an MEQR because it was capable of hindering interstate trade Capable of being justified on socio-cultural grounds
38
Stoke-on-Trent v B&Q
Sunday trading rules were an MEQE but were capable of being justified on socio-cultural grounds
39
LIBRO
Applied in part to only imported products so constituted an MEQR, not a selling arrangement
40
Gourmet International
Ban on advertising fell under Article 34 as it had the effect of impeding market access by foreign producers (extra burden - indirectly discriminatory)
41
Herbert Karner
Lawful selling arrangement - did not affect imported goods more than domestic goods
42
Italian Trailers
Measures which hinder a product's access to another member state's market will constitute an MEQR
43
Punto casa
Sunday trading laws held to be a selling arrangement
44
Tankstation
Requirement to close at night was a selling arrangement
45
Mickelsson & Roos
A measure which restricts the use and consequentially the imports of a product will be an MEQR Justified on environmental protection grounds
46
Schmindberger
Protection of a fundamental right as a mandatory requirement to justify restriction on Free Movement of Goods
47
Cullet v Centre Leclerc Toulouse
Minimum pricing was an MEQR as it cancelled out the competitive advantage of an imported product Could not be justified on social security grounds
48
R v Thompson
Public policy derogation - must relate to an equivalent domestic measure and must protect a fundamental interest of society
49
Keck
Intention to clarify Article 34 due to a tendency for traders to argue that any restriction on their rights was a breach of Article 34 Selling arrangement = apply to all affected traders operating within the national territory Affect domestic and imported goods in the same way in both law and fact
50
De Agostini
Ban on advertising was an MEQR because it affected foreign products more than domestic products
51
Cassis de Dijon
Indistinctly applicable MEQR = applied to both domestic and imported products Presumption of mutual recognition Importer should not suffer a dual burden Mandatory requirement my rebut the presumption of mutual recognition if indistinctly applicable and proportionate
52
Campus Oil
Successfully argued public security to justify a directly discriminatory MEQR Must be of fundamental importance to the state and necessary
53
Conegate
Public morality derogation cannot be applied arbitrarily
54
Commission v Greece (Oil)
Unsuccessfully argued public security - did not show it was a necessary measure due to inability for refineries to compete on the market, disproportionate
55
British Poultry
Restriction on grounds of public health must not be a disguised restriction on trade
56
Beer Purity
Must have objective evidence and not be arbitrary
57
Sandoz
Restriction allowed despite lack of conclusive evidence as to specific extent of health risk
58
Bluhme
Protection of animal life derogation allowed to maintain biodiversity by ensuring a species' survival
59
PreussenElektra
Environmental protection derogation allowed
60
Gili and Andreas
Mandatory requirements can only justify indistinctly applicable MEQRs
61
Walter Rau
Product requirements are an MEQR if they impose a dual burden on the importer - not proportionate
62
Italian Chocolate
Product requirements are an MEQR if they impose a dual burden on the importer - not proportionate Article 34 does not refer to reverse discrimination
63
Cinetheque
Protection of cultural activities recognised as a mandatory requirement Necessary, non-discriminatory and proportionate
64
Commission v Denmark (Beer Cans)
Protection of the environment recognised as a mandatory requirement that can rebut the presumption of mutual recognition

EU Law (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions