Fichas
EU Law - Free Movement of Goods
Fichas del conjunto (33)
- 1Prohibition on Tariff Barriers to Trade?Art. 30 TFEU
- 2What 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 - 3A case where the two defining elements of a customs duty were establishedDiamonds
(Sociaal Fonds voor de Diamantarbeiders v Chougol Diamond Co) - 4Case on Inspection?Commission v Germany
- 5Criteria 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 - 6For 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 - 7Case 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
- 8Case for: a charge is a CEE unless it is a charge for a service actually renderedCommission v Belgium
- 9What 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 - 10Definitiion 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)
- 11Case which defines a quantitative restriction?Geddo
- 12Prohibition on quantitative restrictions?art. 34 TFEU
- 13MEQR's means....Measure having Equivalent effect to Quantitative Restrictions
- 14Case which defined 'MEQR'?Dassonville
- 15Dassonville 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'
- 16Expired Directive that helps define scope of MEQR?Directive 70/50
- 172 catagories of MEQR established by Dir 70/50Distinctly applicable
Indistinctly applicable - 18example 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
- 19example 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.
- 20Obligation to ensure the free movement of goods?Art 4 Teu
- 21What case is the Rule of Reason from?Cassis De Dijon
- 22What 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
- 23Case that states the Cassis de Dijon rule of reason only applies to indistinctly applicable measures?Commission v Ireland
- 24What 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 - 25Cases 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 - 26As 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.
- 27Cases on proportionality?Cassis de Dijon - fruit liquers
Walter Rau - Square margarine
Commission v Germany - Beer Purity - 28Selling arrangements main case?Keck
Selling arrangements (opeing hours etc) are outside the scope of art 34/35 TREU - 29What is Duel Burden?Imposes an extra burden on an importer - e.g. Walter Rau
- 30What is equal burdenImposes a duty on domestic and imported goods - e.g. keck
- 31What 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
- 32What 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 - 33Case which says the Art 36 justifications cannot be extended?Commission v Ireland
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- Free Movement of Goods Flashcards
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- Robin Pearce
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