a in dassonville how are measures of equivalent effect to quantitative restrictions on imports defined?
A measure which makes it harder to sell a good from another EU member state
b identify examples of measures which have been held to constitute measures of equivalent effect.
a certificate of origin for whisky
german beer purity law
c. in foie gras explain in fewer than 20 words the basis of the court s rejection of the hypothetical and theoretical infringement argument
french law was v strict on what counted as foie gras otherwise it would be mislabelling and infringing the name of foie gras. The court said this was bogus and MEQR
d. which legal principle is underpinned by the rule of remoteness / identify the examples of imponderables in DIP a case concerning urban planning law restrictions on the opening of new shops
this is about a law not being too remote. The effect of an action can be too remote for a court to consider it sufficient to prevent a party from doing something. Therefore shops must be allowed to be set up.
e. using the bluhme case explain what is meant by the de minimis rule and its relevance article 34.
bluhme wanted to bring a species of bees into denmark. this was illegal
de minimis means it is so minor that it can be disregarded
article 34 of TEU says quantitative restrictions and MEQR are generally not permitted.
f. identify the main difference between the rule of remoteness and the de minimis rule
de minimis is so trifling that it does not count
remoteness – saying an impact is too remote from the action for the action to be unlawful.
g. the cassis de dijon which provision in german law was held to be an indistinctly applicable measure of equivalent effect contracy to article 34
the law about brandy having to have a certain alcohol content.
h. in cinetheque sa was the courts intepretation of the scope of article 34 broad or narrow. explain
french alw banned a film being on video for a year after the film came out in the cinema. the article 34 was held to be narrow. France was allowed this law.
i. in keck which unsatisfactory situation did the court seek to address?
this is about selling beer below the minimum price
the courrt did not address use arrangements. this was cleared up in commission v italy (moped trailers)
j. identify some categories of measures related to selling arrangements
selling arrangements – when it can be sold, where and to whom and with adverts.
k. which product was at the centre of the alfa vita dispute and why was the measure considered to be more product bound than related to a selling arrangement?
frozen baked products. could they be sold in greece by carrefour. MEQR
product because is is about the physical state of the product