EU Law - Free Movement of Goods | Conjunto de Fichas

Pregunta	Respuesta
Prohibition on Tariff Barriers to Trade?	Art. 30 TFEU
What are the two defining elements of a customs duty?	1) A Pecuniary Charge 2) Imposed on goods by reason of the fact that they cross a frontier
A case where the two defining elements of a customs duty were established	Diamonds (Sociaal Fonds voor de Diamantarbeiders v Chougol Diamond Co)
Case on Inspection?	Commission v Germany
Criteria for lawful inspection?	1. Charge does not exceed actual cost of the inspection 2. Obligatory and Uniform across EU 3. Prescribed by EU law 4. Promotes FMG
For a Charge for Services Rendered to escape art 30 TFEU what must it be?	1) must provide a service of direct benefit to the importer 2) Be proportionate
Case for although not a customs charge in the strict sense does the charge have the same effect? I.e. is it a CEE?	Commission v Italy
Case for: a charge is a CEE unless it is a charge for a service actually rendered	Commission v Belgium
What is the difference between tarriff barriers and non-tarriff barriers?	Non-tarriff barriers... 1) do not involve direct payments of money; 2) comprise of quantitative restrictions and all measures of having equivalent effect
Definitiion of a quantitative restriction?	'measures which amount to a total or partial restraint of imports, exports or goods in transit' - i.e. a quota (partial restraint) or ban (total restraint)
Case which defines a quantitative restriction?	Geddo
Prohibition on quantitative restrictions?	art. 34 TFEU
MEQR's means....	Measure having Equivalent effect to Quantitative Restrictions
Case which defined 'MEQR'?	Dassonville
Dassonville definition of a MEQR?	'all trading rules enacted by member states which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade'
Expired Directive that helps define scope of MEQR?	Directive 70/50
2 catagories of MEQR established by Dir 70/50	Distinctly applicable Indistinctly applicable
example of distinctly applicable MEQR?	Make a distinction between domestic and imported products so..restrictions on advertising imported products or less favourable prices for imported products - i.e. directly discriminates
example of indistinctly applicable MEQR?	Applies equally to domestic and imported products....so deals with the shape, size, weight, composition, presentation, identification etc.. - i.e. doesn't directly discriminate just disadvantages.
Obligation to ensure the free movement of goods?	Art 4 Teu
What case is the Rule of Reason from?	Cassis De Dijon
What is the Cassis de Dijon rule of reason?	Member states can justify an indistinctly applicable measure if it is 'necessary in order to fulfil an mandatory requirement' and means measures that would be a MEQR under Dassonville are outside the scope of art 34 TFEU
Case that states the Cassis de Dijon rule of reason only applies to indistinctly applicable measures?	Commission v Ireland
What are four original mandatory requirements for the Cassis de Dijon rule of reason?	1) Effectiveness of fiscal supervision 2) protection of public health 3) fairness of commercial transactions 4) defence of the consumer
Cases that extended the mandatory requirements?	1) Commission v Denmark (Danish Bottles) - Environmental protection 2) Oebel - Economic and social policy 3) Torfaen Borough Council v B&Q - Social-cultural charactoristics
As well as being a mandatory requirement what else must a measure be to come under the rule of reason?	Proportionate - Restrictions must go no further than is necessary to achieve their objective.
Cases on proportionality?	Cassis de Dijon - fruit liquers Walter Rau - Square margarine Commission v Germany - Beer Purity
Selling arrangements main case?	Keck Selling arrangements (opeing hours etc) are outside the scope of art 34/35 TREU
What is Duel Burden?	Imposes an extra burden on an importer - e.g. Walter Rau
What is equal burden	Imposes a duty on domestic and imported goods - e.g. keck
What does Art 36 TFEU provide?	Grounds under which member states may justify restrictions on an interstate trade relaxing (Derogation) of the free movement of goods principle
What are the Art 36 TFEU justifications?	1. Public morality 2. public policy 3. public security 4. protection of health 5. protection of national treasures 6. protection of industrial or commercial property
Case which says the Art 36 justifications cannot be extended?	Commission v Ireland

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