TFEU 34, 45, 36
most on article 34
Measures having equivalent effect to quantitative restrictions. MEQR. This is article 34. You cannot ban or restrict numbers.
having a licensing scheme is banned. The effect not the purpose is looked at..
directive 70 / 50 (1970) – that defines MEQR. It is a non exhaustive list
Dassonville case 1974
a measure capable of hindering intra community trade
Only has to to be CAPABLE – not that it actually hinders it
this definition is too wide. it is useless. any measure can be seen to limit trade
Cassis de Dijon 1979. helpful case. distinctly applicable measures are forbidden. It only applies to imports.
This is about alcohol content in brandy
indistinct MEQR can be allowed if justified
cinetheque case. 1985. french. . law said films had to be in the cinema fir a year before being on video or t v. this was meqr. but it was allowed because it protected culture.
rule of reasons
Commission v Denmark. 1988. this is protecting environment. allowed
Protect the consumer. that is allowed.
protecting financial markets of the state.
Cassis de Dijon – established mutual recognition. If something is allowed in open state it is allowed in cases.
walter Rau. Belgian margarine. cube shaped packages. 1982
Commission v Germany 1987. Beer can only be sold if it is pure enough. ECJ said this was not permitted. Mutual recognition was enforced
Keck and Mithouard. 1993. selling arrangements – states can impose different rules on this
Huermund. 1992. advertising for pharmacies outside the shop. This rule about advertising was indistinct.
Leclerc – Spileck. 1993 this is an indistinct MEQR. Advertising on telly. this rule was allowed
Stoke on Trent city council v B and Q. Sunday trading. 1992. This was an MEQR it was indistinct. it was a selling arrangement. this was permitted. Culture of the state matters
ECJ can expand this on a case by case basis
article 35. no quantatitive restrictions may be imposed on exports. do not apply
These are the restrictions on MEQR allowed. This IS an exhaustive list/
Henn aND Darby,. 1979 on public morality.
Public policy . 1978. Thompson. he tried to export his coin collection. items of public interest could not be sent abroad.
National security. Campus oil . 1983. restriction on oil exports from Ireland
protection of life and health of humans, animals or plants
Commission v UK 1982. the excuse failed but would be valid if it was a sensible ban
UK tried to ban French turkeys before Christmas. The claim that this was about health was specious.
protection of national treasures. 1968 Italian art case
under article 30 is a customs duty is not allowed
MEQR Italian treasures exported 1968. A MEQR or ban would be permitted because it can be justified according to article 36
protection of industrial/ commercial property
intellectual property.. patents. ideas. company names
start with directive 70/50
then mention dassonville
then look at cassis, then Keck, then 36.
Look at arguments against MEQRs then look at justifications
health, morality, public morality,
how likely is it that this defence will be accepted