Summary: 2. Free Movement Of Goods I

Read the summary and the most important questions on 2. Free movement of goods I

• 1 The core of the free movement of goods

• The core of the free movement of goods have four prohibitions, laid down in art. 28, 30 TFEU + art. 110 TFEU + art. 34 TFEU + art. 34 TFEU. What are they?

  1. Customs/charges having equivalent effect
     
  2. Discrimination internal taxation
  3. Quantitative restrictions (quotas)
  4. Measures having equivalent effect to a quantitative restriction (MEQR)

• 2 Customs Union

  This is a preview. There are 2 more flashcards available for chapter 2
  Show more cards here

• The foundations of the Customs Union are laid down in art. 28 TFEU and contains to all trade in goods. What are the measures taken externally and to what is it a subject to?

  • Importing third country goods to the EU is subject to Common Customs Tariff (CCT)
    
  • EU external customs law (as unified in the Customs Code) is for MS authorities to enforce

• The foundations of the Customs Union are laid down in art. 28 TFEU and contains to all trade in goods. What are the measures taken internally and what does it prohibit?

  • Prohibition of duties on imports and exports and of charges having equivalent effect on Union goods
    
  • No justification possible!

• ECJ joined cases 2/69 and 3/69, judgement of 1 jULY 1969, Diamantarbeiders. What were the facts of the case? Is it a charge having equivalent effect?

  • Establishment of a fund for workers in the diamonds-processing industry
    
  • Purpose: granting additional social benefits
  • Obligation for all persons importing raw diamonds to pay a certain amount of money which would then be transferred to the fund
  • Amount depends on the value of imported diamonds

  
  
  Is this a charge having equivalent effect?

• 3 Test scheme for the free movement of goods

• What are the seven steps that have to be taken for the test scheme of free movement of goods?

  1. Is it a good according to art. 28 TFEU?
     
  2. Cross-border element
  3. No special provision
  4. MS Measure
  5. Quantitative restriction or MEQR
  6. Justification
  7. Proportionality

• 3.1 Cross-border element

• ECJ case C-321/94, C-322/94, and C-324/94, judgement of 7 May 1997, Pistre. What were the facts of the case? Was it a cross-border element or a purely internal case?

  • Use of label 'Montagne' for food products: authorization by public authority required by French law
    
  • French origin of all raw materials (all phases of production took place in France) + stemming from certain French mountain areas
  • Pistre and others: producers of meat and sausages from others: no authorization

• ECJ case C-321/94, C-322/94, and C-324/94, judgement of 7 May 1997, Pistre. What was the judgement of the ECJ/ Was it a cross-border element or a purely internal case?

  • National measures not related to import of goods -> may still have effects on the free movement of goods between MS
    
  • Even if restricted to domestic producers, measure creates and maintains a difference of treatment between those domestic goods and goods from other MS, hindering, at least potentially, intra-Union trade

• 4 Measures having equivalent effect to a quantitative restriction MEQR

  This is a preview. There are 7 more flashcards available for chapter 4
  Show more cards here

• ECJ case 8/74, judgement of 11 July 1974, Dassonville. What were the facts of the case? Meaning of the term 'measure having equivalent effect?'

  • For import and sale of spirits, Belgian law requires an official document certifying the right to designation
    
  • French claimants imported 'Scotch Whiskey' to Belgium: clearance by French customs authorities, referring to designation of origin on label
  • For Belgian authorities not sufficient: official document of country of origin (UK) certifying the right to designation was missing

• ECJ case 8/74, judgement of 11 July 1974, Dassonville. What was the decision of the ECJ? Meaning of the term 'measure having equivalent effect?'

  "All trading ruled enacted by MS which are capable of hindering, directly or indirectly, actually or potentially, intra-Union trade are to be considered as measures having an effect equivalent to quantitative restrictions." |
  
  In this case: getting a certificate from country of origin (UK) for the importer of a good lawfully circuiting in another MS (France) is more difficult than for a direct importer (UK-Belgium)

• ECJ case 120/78, judgement of 20 Feb 1979, Cassis de Dijon. What were the facts of the case? Meaning of the term 'measure having equivalent effect'?

  • Rewe Zentral AG requested an authorization for the import of Cassis de Dijon from the Federal Monopoly Authority of Spirits
    
  • Cassis de Dijon (max 20% by volume) can be marketed freely in France
  • According to German law, only fruit liquor with minimum wine-spirit content of 32% by volume may be marketed