Week 2a - free movement of goods - CASE LAW

Statistical levy

• no minimum threshold (de minimis) on prohibition of customs duties and measures having equivalent effect in art. 30 TFEU

Humblot

facts

• same tax system for domestic and imported cars (in the law)

• higher tax for imported cars (in fact)

rule

• prohibition of indirect discrimination (art. 110(1) TFEU)

• indirect discrimination = if its practical structure places a disproportionate tax burden on imported goods to protect domestic production.

Outokumpu

facts

• Domestic electricity was taxed at varying rates depending on how it was produced

• higher tax on fossil fuels, lower tax on green energy

• Imported electricity was taxed at a flat, average rate, regardless of how it was produced

rule

• prohibition of direct discrimination (art. 110(1) TFEU)

• direct discrimination = if it applies different taxation criteria to domestic and imported products based on origin

Commission v UK (beer and wine case)

• The UK imposed restrictions on the importation of beer and wine from other MS

• violated free movement of goods principle

rule

• prohibition of protective taxation = taxation which is favourable to domestic products rather than foreign ones

• applied to competing goods

• higher tax burned on imported good gives a protectionist effect to domestic goods

Dassonville

facts

• belgian law required an official certificate of origin for imported scotch whisky

• complicating imports from other MS

• this was challenged by a french trader in belgium

rule

• all trading rules capable of hindering directly or indirectly actually or potentially intra-community trade = MEE’s

Cassis de Dijon

facts

• german law set a min alc content for certain liquours

• preventing sale of French liqueur cassis de dijon due to its lower alcohol level

rule

• product requirements imposed on products lawfully produced in another MS can be obstacles to trade

• duty of mutual recognition of each other’s products

• unless there are imperative requirements in the general interests that the host state could invoke

Krantz

facts

• A Dutch creditor’s goods held by a German company were seized for unpaid taxes

• which led to a question about cross-border debt enforcement within the EU

rule

• not all national measures that affect the flow of the goods are measures having equivalent effects

• since sometimes the effect on trade is too uncertain and indirect

• General national laws that do not target products, market access, or trade—and whose effect on imports is purely speculative or remote = fall completely outside the scope of Article 34 TFEU

Keck

facts

• 2 french supermarket managers were fined for selling products below wholesale prices

• which they claimed resticted their freedom to trade

rule

• certain selling arrangements fall outside art. 34 TFEU

• as long as:

• 1. they apply to all traders

• 2. and do not discriminate against foreign products in law or in fact

Familiapress

facts

• an austrian law banned sales promotions that involved prize draws preventing the German magazine familiapress from including such prizes in their austrian editions

rule

• distinction between product requirements and certain selling arrangements

• the Austrian law was a product requirement

• product requirement is within art. 34 (Cassis)

Gourmet international

facts

• swedish laws prohibited ads of alcoholic beverages in magazines

• this was challenged by a trade magazine seeking to publish such ads in Sweden

rule

• usually selling arrangements outside art. 34 TFEU (Keck)

• discriminatory rules regarding selling arrangements are still MEE’s

Italian trailers

facts

• Italy forced regulations requiring trailers to meet specific national safety standards

• leading to a complaint by the European Commission about the barriers to trade created for trailers from other EU countries

rule

• bans / restriction on use can affect market access

• because consumers will not be interested in buying the product

• restriction on use falls within art. 34 TFEU