Week 2 - Goods / Workers

Statistical Levy (Issue & Rule)

Issue

• Art. 30 TFEU Pecuniary charge

Rule

• all pecuniary charges prohibited, no minimum threshold

Statistical Levy (independent or complementary)

Independent

Humblot (Issue & Rule)

Issue

• Art. 110 TFFEU indirect taxation ‘on products’

Rule

• Prohibition of direct discrimination

Humblot (independent or complementary)

Independent

Outokumpu (Issue & Rule)

Issue

• Art. 110 TFEU indirect taxation ‘on products’

Rule

• Prohibition of direct discrimination

Outokumpu (independent or complementary)

Independent

Beer/wine (Issue & Rule)

Issue

• Art. 110 TFEU

Rule

• prohibition of protective taxation on products which are not similar but do compete

Beer/wine (independent or complementary)

Independent

Dassonville (Issue & Rule)

Issue

• Measures having equivalent effect

Rule

• All trading rules made by MS capable or directly or indirectly, actually or potentially, hindering intra community trade is considered an MEE

Dassonville (independent or complementary)

Independent

Cassis de Dijon (Issue & Rule)

Issue

• MEE’s and principle of mutual recognition

Rule

• principle of mutual recognition

Cassis de Dijon (independent or complementary)

Independent

Krantz (Issue & Rule)

Issue

• Are all restrictions are MEEs?

Rule

• No, sometimes the effect on trade is ‘too uncertain and inirect’

Krantz (independent or complementary)

Independent

Keck & Mithouard (Issue & Rule)

Issue

• Keck Exception to MEEs

Rule

• Restrictive national measures are not MEEs within meaning of Dassonville if the apply to all traders and do not discriminate

Keck & Mithouard (independent or complementary)

Independent

Familiapress (Issue & Rule)

Issue

• Art. 34 selling arrangements

Rule

• A rule on CSA which requires changes in product, is traded as a content rule → mutual recognition

Familiapress (independent or complementary)

Dependent - view with Keck and Misheard (Kick exception)

Gourmet Internacional (Issue & Rule)

Issue

• Art. 34 Selling arrangements

Rule

• Discriminatory rules regrind selling arraignments are still MEE

Gourmet International (independent or complementary)

Dependant - view with Keck and Mithouard (Keck exception)

Italian trailers (Issue & Rule)

Issue

• Art. 34 Selling arrangements

Rule

• bans/restrictions on use can affect “market access” and are MEEs, allowed with justification of mandatory requirement

Conegate (Issue & Rule)

Issue

• Justifying an infringement of art 34 basis of public morality

Rule

• Justification in art. 36 MS may not rely on grounds of public morality not prohibit the importation of goods from other MS when its legislation contains no prohibition on the manufacture or marketing of the same goods on its territory

Italian trailers (independent or complementary)

Dependant - view with Keck and Misheard (Keck exception)

Conegate (independent or complementary)

Independent

Lawrie-Blum (Issue & Rule)

Issue

• Does art. 45 TFEU apply? And who is a worker?

Rule

• For certain period time, under a boss, for remuneration, also includes part-time work

Lawrie-Blum (indepedent or complementary)

Independent

Saunders (Issue & Rule)

Issue

• Does art. 45 TFEU apply?

Rule

• Wholly internal situations not covered by Art. 45 TFEU

Saunders (independent or complementary)

Independent

Crhistine equal treatment

mikä vittu tää on

Bosman (Issue & Rule)

Issue

• Private entity restriction free movement of workers

Rule

• understanding the horizontal effect of art. 45 - rule from Walrave is elaborated on in Bosman. Art. 45 does prohibit private entities from taking measures that block peoples access to the employment market in other MS. Unless objectively justidfied

Bosman (independent or complementary)

Applied with Walrave

Angonese (Issue & Rule)

Issue

• Does art. 45 TFEU apply?

Rule

• Prohibition of nationality discrimination in art. 45(2) TFEU can be invoked against all private party actions → full horizontal direct effect

Angonese (independent or complementary)

Independent

Lecture 3 cases goods

• Statistical Levy

• Humblot

• Outokumpu

• Beer/wine

• Dassonville

• Cassis de Dijon

• Krantz

• Keck & Mithouard

• Familiapress

• Gourmet International

• Italian trailers

• Conegate

Lecture 4 cases - Workers

• Lawrie-Blum

• Saunders

• Christini equal treatments

• Bosman

• Angonese