2794114
Description
Flashcards by Robin Pearce, updated more than 1 year ago
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Created by Robin Pearce
over 9 years ago
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| Question | Answer |
| 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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