EU Cases

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Flashcards by haideh_hillier, updated more than 1 year ago More Less
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2 EU law Flashcards on EU Cases, created by haideh_hillier on 07/12/2013.
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Cassis De Dijon (Cassis rule of reason) Indistinctly applicable when 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
Punta Casa v Capena [1994] Article 34 (ex 28) does not apply to law relating to opening hours, or the day shops are open.
Commission v Greece [1995] selling arrangements relate to measures on when, where, how and by whom goods are sold.
Mars Ice-Ceam case Relates to characteristic of goods which include packaging. Capable of being MEQR, prohibited by Article 34 TFEU
Hunermund v landwsapotheckerkammer [1993] Advertising relates to selling arrangement.
Dassonville 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.
Geddo v Ente1973 measures that results to total or partial ban is quantitive restriction.
Francovich v. Italian state[1991] amended by Factortame principal of state liability. Member states are required to pay compensation for failure to implement a directive.
Condition applied when there is state liability The 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
Belka-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.
Leanasio v Italian ministry of agriculture [1972] Cash payment to be paid to farmers to compensation for lower production. Italy refused to pay. ??
Antonio Munas Cia SA v. Frumar Ltd [2002] case of horizontal effect of regulation
Foster v British Gas [1990] describe what is public body Subject to the authority or control of the State. Providing service under control of state.
Foster v British Gas Emanation of state 1 Be under duty to provide a public service have special power Be under state control
Keck and Mithouard 1993 Selling arrangement Fall outside of Article 34 no justification is necessary
Direct discrimination Is specific reference to original of goods
Indirect discrimination Refers to category of goods.
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