Free Movement of Goods I

Article 3(3)

the Union “shall” create an Internal Market

Article 26 TFEU

Union shall adopt measures establishing/ensuring the functioning of the internal market

fiscal barriers

article 30 & 110 TFEU

Regulatory barriers

art 34 35 TFEU

Article 30 TFEU

Customs duties

Article 110 TFEU

Internal taxation

Article 34 TFEU

QRs on imports

Article 35

QR on exports

Quantitative Restriciton

limit on the quantity of imports/exports that are permitted to enter a State from another MS

Commission v Italy definition of a good

“products which can be valued in money and which are capable, as such, of forming the subject of commercial transactions”

commission v italy

imposed duty on historic, artistic and archaeological products

which case defines QRs?

Geddo

Geddo definition of QRs

“measures that amount to total or partial restraint of trade of, according to the circumstance, exports, imports or goods in transit”

Wyatt and Dashwood MEQR

“Effect both those that apply only to imported products (article 2) and those that apply to both domestic and imported products”

Directive with guidance for MEQR?

Directive 50/70/EEC110

Commission v Ireland

Irish good council for authenticity of goods

commission v ireland quote

“solely because it is not based on decisions which are binding upon undertakings”
“may be capable of influencing the conduct of traders and consumers in that State”

dassonville

scotch whiskey from uk to france to belgium

Dassonville principle

“All trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially intra-Community trade are to be considered as measures having an effect equivalent to quantitative restrictions”

commission v france

foie gras

distinctly applicable measures applies to…

imports only! can only be justified if falls under grounds of a36

schloh

ford car bought in Germany for road worthiness test

quote from Schloh

‘exists based on the requirement applying to imports only’

article 3 of Directive 70/52/EEC provided for

where the restrictive effect of such measures on the free movement of goods exceeds the effects intrinsic to trade rules

cassis de Dijon

liquers under 25% alcohol

cassis de dijon quote

‘take precedence over the requirement of the free movement of goods’

impact of cassis

• whether it is restrictive in effect

• wider category of justification

• dassonville approach very broad

para 8 Cassis

‘obstacles to movement…may be recognised as being necessary…to satisfy mandatory requirements’

commission v germany

bier

commission v germany quote

‘such rules go beyond what is necessary in order to protect the Germany consumer’

cinetheque

films in video form

AG Slynn

‘the measure does not fall within [article 34 TFEU] even if it does in fact lead to a restriction or reduction of imports’

keck

criminal offence to resell goods at a loss

keck quote

‘limit their commercial freedom even when such rules are not aimed at products from other MSs’

2 categories from Keck

1. manufacturing/marketing goods

2. selling of goods

koln v mars

10% on mars bar wrapper

to satisfy category 2 of keck (to fall outside of A34) what 2 conditions must be met?

1. the rule must apply to all affected traders within the national territory

2. the rule must affect in law and in fact, the marketing of domestic products and those from MSs

significance of keck?

• boundaries of A34

• balance between internal market

• state can regulate product requirements

• importing state can regulate distribution

• producing state can dictate level of regulation of production

fanikiapresse

germany magazine publisher- crossword puzzle

franzen

monopoly on sale of alcoholic beverages

burmanjer

commercial register

burmanjer quote

‘the information available to the Court does not enable it to establish with certainty’
‘it would be too insignificant and too uncetain’

2 ways a restriction can fall outside a34

1. fall within mandatory requirement in the general interest

2. derogation provisions of a36

kolpharma

Changed ingredients of medicinal product

e.g.s of grounds under a36

• public morality

• public policy

• public security

• protection of health and the life of humans, animals and plants

public morality cases

• r v henn

• conegate

r v henn

inappropriate magazines

conegate

blow-up dolls

public policy cases

• R v thompson

• cullet

r v thompson

silvoy alloy coins

cullet

Minimum resale prices for fuel

public security case

campus oil

campus oil

importers of petroleum products

protection of health and life humans, animals and plants cases

• commission v uk

• b s and ca

• a v daniel b

• purefun

commission v uk

turkeys

b s and c a

CBD oil

a v daniel b

non-prescription medicines sold online

purefun group

similar company and trade names in pet products market

purefun quote

‘national measures protecting industrial and commercial property may justify restrictions on trade’