Free movement of goods. EU law

Standard

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

==============

article 36.

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

quantitative restrictions

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

 

 

 

 

 

 

 

 

 

 

 

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About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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