Summary: Ws4 Free Movement Of Goods

Read the summary and the most important questions on WS4 Free Movement of Goods

• 1 STEP 1: WHAT IS THE RELEVANT LEGISLATION

• How does Article 26 TFEU define the internal market

  The internal market is an "area without internal frontiers" which ensures "the free movement of goods, persons, services and capital".

• Explain the two restrictive measures which are prohibited under Article 34 TFEU in protecting the free movement of goods?

  Article 34 prohibits 'quantitative restrictions (QR = e.g., limiting imported goods through set quotas) on imports and all measures having equivalent (MEQR)'

• What is the definition of 'goods' in Commission v Italy Art Treasure?

  Goods are defined as anything with monetary value that can form the basis of a commercial transaction.

• 2 STEP 2: STATE THE TYPE OF RESTRICTION?

• 2.1 QRs

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• Explain why the case of British Beef was an example of an outright ban by France?

  France refused British beef imports. The ECJ held that this was an outright ban against imported British beef.

• 2.2 MEQRs

• Explain how MEQRs are defined in Procurer du Roi v Dassonville?

  "trading rules = [e.g,  a piece of state legislation = requiring a licence/ or the product must be labelled with the address of the MS - non-numerical + to do with the product itself]...which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade".

• 2.2.1 Distinctly applicable MEQRs

• What is the definition of distinctly applicable MEQRs? Ars the rules applied equally on imported and domestic goods?

  Rules or laws that discriminate against imported goods and not domestic goods.

• 2.2.1.1 Case law

• Explain how publicity campaign in promoting Irish goods (Commission v Ireland (Buy Irish)) directly hindered trade?

  The Irish government wanted to promote Irish goods through a publicity campaign by the Irish Goods Council.
  
  

  • The court held that no actual hindrance to trade was required, but a potential to affect trade.
  • Even non-binding state measures could influence the conduct of traders

• Explain why the rule which targeted non-Irish products was a distinctly applicable measure in (Commission v Ireland (Irish Souvenirs)?

  An Irish law prohibited the imports of Irish souvenirs unless the souvenirs were marked as 'foreign'. The ECJ held that consumers do not need to know where the products came from, nor do they need to be labelled as foreign.

• 2.2.2 Indistinctly applicable QRs

• What is the definition of indistinctly applicable measures?

  Applies to domestic and imported goods so on the face of it there is no distinction but actually has a greater impact on imported products.

• 2.2.2.1 Case law

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• Explain why the repackaging measure in Re UHT Milk was unnecessary from a health perspective and was a hindrance on imports?

  Although the requirement that milk was to be packaged in a UK dairy was applied irrespective of national origin, imports from other MSs were disadvantaged. It was much easier to satisfy this condition in respect of UK UHT milk in comparison to non-UK UHT milk which had to be opened and repackaged in the UK.