EU law MODULE 4

What are the basic freedoms in EU law?

The free movement of goods, workers, services, establishment, capital and payments.

What is the purpose of the TFEU rules on the internal market?

To establish the EU internal market.

What are the five freedoms listed in the notes?

Free movement of goods, workers, services, establishment, capital and payments.

What is the free movement of goods?

The freedom for goods to move freely within the EU without trade barriers.

When was the structure of free movement of goods mainly developed?

1970–1990.

What case is linked to Scotch whisky and Belgium?

Dassonville.

What is the Dassonville case number?

Case 8/74.

What did the Dassonville case establish?

Measures hindering trade directly or indirectly, actually or potentially, are prohibited.

What is an indistinct hindrance?

A measure indirectly hindering trade within the EU.

What case involved French liqueur and Germany?

Cassis de Dijon.

What is the Cassis de Dijon case number?

Case 120/78.

What did the Cassis de Dijon case establish?

Restrictions may be justified by mandatory requirements of public interest.

What case introduced the market access test?

Keck.

What are the Keck case numbers?

Cases C-267 & 268/91.

What did the Keck case establish?

Measures hindering market access for products may breach free movement rules.

What are trade obstacles in EU law?

Measures restricting trade between member states.

Are customs duties between member states allowed?

No.

Are quantitative restrictions between member states allowed?

No.

What are measures having equivalent effect?

Measures that indirectly hinder trade like quantitative restrictions.

What is the market access test?

A test checking whether market access is hindered.

Which case involved Italian trailers?

Commission v Italy.

What is the Commission v Italy case number?

Case C-110/05.

What did Commission v Italy establish?

Measures treating products differently from other member states can restrict market access.

What are the three parts of the market access test?

Hindrance to trade, justification by public interest and proportionality.

What is the first step of the criteria test?

Determine whether trade is hindered.

What is the second step of the criteria test?

Check whether the restriction is justified by public interest.

What public interests may justify restrictions?

Public health, consumer protection and similar interests.

What is the third step of the criteria test?

Check if the restriction is appropriate to achieve the public interest.

What is the fourth step of the criteria test?

Check if there is a less restrictive alternative.

What is proportionality in EU law?

A restriction must not go beyond what is necessary.

What is the Rule of Reason?

Steps 2 to 4 of the proportionality analysis.

What is the free movement of workers?

The right of workers to find employment in another member state.

What rights does free movement of workers grant employees?

The right to work in another member state.

Which case about workers is mentioned in the notes?

Bosman.

What is the Bosman case number?

Case C-415/93.

What did the Bosman case establish?

Transfer rules and quotas can restrict free movement of workers.

Why was the Bosman restriction unnecessary?

The employment contract had already expired.

What is the freedom to provide services?

The right to provide services across borders without moving permanently.

What does the freedom to provide services imply?

A service provider may work temporarily in another member state.

What is the Alpine Investments case about?

Providing financial services across borders.

What is the Alpine Investments case number?

Case C-384/93.

What did the Alpine Investments case involve?

A Dutch company contacting customers in other member states.

What is the Säger case about?

Freedom to provide services and patent agents.

What is the Säger case number?

Case 76/90.

What did the Säger case establish?

Restrictions on services must be necessary and proportionate.

Why was the German patent agent restriction invalid in Säger?

It was not necessary.

What is the freedom of establishment?

The right of persons or companies to establish themselves permanently in another member state.

What does freedom of establishment imply for companies?

Companies may move offices or headquarters between member states.

Which case is linked to Italian lawyers?

Gebhard.

What is the Gebhard case number?

Case C-55/94.

What happened in the Gebhard case?

Italian law required an Italian law degree for lawyers.

Why was the restriction in Gebhard invalid?

It was not necessary.

Which case concerns company seats in the Netherlands and Germany?

Überseering.

What is the Überseering case number?

Case C-208/00.

What issue arose in Überseering?

A company founded in the Netherlands had its company seat in Germany.

What legal field is linked to Überseering?

International private law and company law.

What are the two company seat principles mentioned?

The company seat principle and founding seat principle.

What is the company seat principle?

The company is linked to its administrative seat.

Which countries use the company seat principle according to the notes?

France, Belgium and Germany.

What is the founding seat principle?

The company is linked to its legal/founding seat.

Which countries use the founding seat principle according to the notes?

UK, USA, Austria, Canada, New Zealand, Netherlands and Denmark.

What is the Inspire Art case about?

Dutch minimum capital requirements for companies.

Why was the Dutch rule in Inspire Art invalid?

It was not necessary.

What is the difference between freedom to provide services and freedom of establishment?

Services are temporary while establishment is permanent.

What are quantitative restrictions?

Limits on imports or exports between member states.

What are customs duties?

Taxes on goods crossing borders.

Are customs duties compatible with the internal market?

No.

What is meant by market access in EU law?

The ability of products or services to enter another member state’s market freely.

What does indirect hindrance mean in EU trade law?

A measure that indirectly restricts trade between member states.

What is consumer protection in EU law?

A public interest justification for restricting trade.

What is public health in EU law?

A justification allowing restrictions if proportionate.

What must happen before a restriction is accepted in EU law?

It must pass the proportionality test.

What does adequacy mean in proportionality?

The measure must help achieve the public interest objective.

What does necessity mean in proportionality?

There must not be a less restrictive alternative.

What is the internal market?

An EU market without internal barriers to movement.

What freedoms are linked to the internal market?

Goods, workers, services, establishment, capital and payments.

What is a mandatory requirement of public interest?

A reason that can justify restricting free movement.

Can member states always restrict free movement?

No, restrictions must be justified and proportionate.

What is the importance of the Cassis de Dijon case?

It introduced mandatory requirements and mutual recognition principles.

What is mutual recognition in EU law?

Goods lawfully sold in one member state should generally be accepted in another.

What was the main contribution of Dassonville?

A broad definition of trade restrictions.

What was the main contribution of Keck?

The focus on market access.

What was the main contribution of Bosman?

Workers’ mobility cannot be unjustifiably restricted.

What was the main contribution of Gebhard?

Restrictions on establishment must be proportionate.

What was the main contribution of Überseering?

Companies must be recognised across member states.

What was the main contribution of Inspire Art?

Company restrictions must not unnecessarily limit establishment.

What is the difference between temporary and permanent movement in EU law?

Temporary movement relates to services, permanent movement relates to establishment.

What is the purpose of free movement rules?

To create an integrated EU internal market without barriers.