Free movement of goods

Description

Mind Map on Free movement of goods, created by Terataki on 04/20/2014.
Terataki
Mind Map by Terataki, updated more than 1 year ago
Terataki
Created by Terataki almost 11 years ago
63
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Resource summary

Free movement of goods
  1. Financial barriers to trade
    1. Customs duties and charges having equivalent effect (QRs) (Articles 28 and 30 TFEU
      1. Goods= anything with a monetary value subject of a commercial transaction (commission v Italy)
        1. Common Customs Tariff (CCT)- Customs Union – when goods are imported to the EU from 3rd countries- these goods are subject to a common Trarriff agreed by EU and EU institutions Art.28
          1. Prohibition of customs duties and charges having equivalent effect to a customs duty (Article 30 TFEU)
            1. 1) customs duty = a charge, determined on the basis of a tariff, specifying the rate of duty to be paid by the imported to the host State 2)Charges having equivalent effect to a customs duty : not defined in the Treaty and so, have to turn on the case law
              1. Statistical Levy case: Definition of equivalent effect
                1. In Legros, the ECJ held that Article 25 EC (now Article 30 TFEU) could apply to a charge levied on the crossing of a border internal to a particular Member State
                  1. A charge having equivalent effect which is disguised as a tax or levy is illegal under Art. 30 TFEU (Diamantarbeiders)
                    1. Charge will be permissible when (Commission v Germany):
                      1. The charge is levied in return for genuine administrative services rendered to the importer or the exporter.
                        1. Commission v Italy- opening hours- not genuine
                        2. Charges for inspection required by EU law
                          1. 1) They do not exceed the actual costs of the inspections in connection with which they are charged 2) The inspections in question are obligatory and uniform for all the products concerned in the Union 3) They are prescribed by EU law in the general interest of the Union 4) promote the free movement of goods, in particular by neutralizing obstacles which could arise from unilateral measures of inspection adopted in accordance with EU law.
                          2. Charges falling within the scope of internal taxation however, must not be protectionist or discriminatory against imported goods
                            1. No Member State may impose a tax directly or indirectly on products from another Member State greater than that applied to similar domestic products. Indirect protection through taxation of domestic products is also illegal– Article 110 TFEU
                              1. Rewe-Zentrale (car taxation)
                                1. Commission v UK (wines and beers); Commission v France (Whisky v Cognac)
                2. non-financial barriers to trade
                  1. arts 34: imports, Art.35: exports (MS must desc against exports caught by Art35), asrt. 36 derogations, non-discrim. MERQS
                    1. Prohibition of quantitative restrictions (QRs) and measures having equivalent effect to quantitative restrictions (MEQRs) (Arti 34-37 TFEU)
                      1. There is no valid reason why goods which have been lawfully produced and marketed in one Member State should not be introduced into any other Member State (the principle of mutual recognition) Cassis de Dijon
                        1. Keck and Mithouard: Commission v Germany; Torfaen
                          1. Selling arrangements only fall within the scope of Article 34 TFEU (ex Article 28 TEC) when they discriminate against imported goods in law and in fact.
                            1. DeAgostini= unwqual burden in law and fact (prohibition adv. prevented access to market - under art.34)
                          2. Rule of Reason: Obstacles to movement within the Community resulting from disparities between the national laws relating to the marketing of the products in question must be accepted The rule of reason/mandatory requirements essentially applies to indistinctly applicable measures, i.e. measures that apply to both domestic and imported goods.
                            1. Mandatory requirements: The effectiveness of fiscal supervision (Cassis de Dijon); The protection of public health (Cassis de Dijon); The fairness of commercial transactions (Cassis de Dijon); The defence of the consumer (Cassis de Dijon); Protection of the environment (Commission v Denmark); Maintenance of press diversity Vereignite); Protection of cinema as a form of cultural expression (Cinéthèque). The principle of proportionality must be complied with (Rau v De Smedt).
                              1. Grounds for derogation under Article 36 TFEU: • Public policy • Public security • Public morality • Protection of health and life of human, animals or plants • The protection of national treasures • Protection of industrial and commercial property rights
                              2. QR- Greddo (=measures which amount to a total ban of imp/exp) MERQS Dasonville (=Trade capable of hindering directly/ indirectly actually potentially intra community trade (see S 70/50))
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