Fichas
EU Cases
Fichas del conjunto (17)
- 1Cassis De Dijon (Cassis rule of reason) Indistinctly applicablewhen there is no community wide rule, member state can justify the rule to show
1: The rule is necessary to justify mandatory requirement (consumer protection, public health, defence of customer).
2:It is proportionate to achieve the
3:Mutual recognition - 2Punta Casa v Capena [1994]Article 34 (ex 28) does not apply to law relating to opening hours, or the day shops are open.
- 3Commission v Greece [1995]selling arrangements relate to measures on when, where, how and by whom goods are sold.
- 4Mars Ice-Ceam caseRelates to characteristic of goods which include packaging. Capable of being MEQR, prohibited by Article 34 TFEU
- 5Hunermund v landwsapotheckerkammer [1993]Advertising relates to selling arrangement.
- 6Dassonville 1974 Beguim required certificate of authenticity to import whiskey from France.all nation measures(law) of trading that directly or indirectly, actually or potentially restrict import of good is having effect equal to MEQR.
- 7Geddo v Ente1973measures that results to total or partial ban is quantitive restriction.
- 8Francovich v. Italian state[1991] amended by Factortame principal of state liability.Member states are required to pay compensation for failure to implement a directive.
- 9Condition applied when there is state liabilityThe claimant has to prove the following
failure to implement the directive (Francovich)
* the rule conferred right to individual
*Breach must be serious
* there must be direct link between the bread and the damage sustained - 10Belka-Kaufhaus criteria [1986] To objectively justify possible discriminatory treatment.1: Genuine need of the business
2: suitable for the objective
3: They are necessary for that purpose. - 11Leanasio v Italian ministry of agriculture [1972] Cash payment to be paid to farmers to compensation for lower production. Italy refused to pay.??
- 12Antonio Munas Cia SA v. Frumar Ltd [2002]case of horizontal effect of regulation
- 13Foster v British Gas [1990] describe what is public bodySubject to the authority or control of the State. Providing service under control of
state. - 14Foster v British Gas Emanation of state1
Be under duty to provide a public service
have special power
Be under state control - 15Keck and Mithouard 1993Selling arrangement
Fall outside of Article 34
no justification is necessary - 16Direct discriminationIs specific reference to original of goods
- 17Indirect discriminationRefers to category of goods.
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- 2 EU law Fichas sobre EU Cases, creado por haideh_hillier el 12/07/2013.
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