Harmonisation
3 important questions on Harmonisation
Since we cannot find the legal bases or acts of secondary law in art. 34 TFEU, where can we find it for harmonisation? Consists of three objectives:
Approximation of laws on the basis of Art 114 TFEU.
1. Removal of impediments to the internal market which are (exceptionally) justified -> approximation
2. Removal of reverse discrimination due to application of art 34 TFEU
3. Creation of equal competitive conditions
1. Removal of impediments to the internal market which are (exceptionally) justified -> approximation
2. Removal of reverse discrimination due to application of art 34 TFEU
3. Creation of equal competitive conditions
ECJ case C-376/98, judgement of 5 October 2000, Germany/Parliament and Council. What were the facts of the case regarding Harmonisation?
- Dir 98/43/EC on approximation of MS rules on advertising and sponsoring of tobacco products -> prohibited any kind of advertising and sponsoring in the Union
- adopted by Council and EP on basis of ex-Art 95 TEC -> art. 114 TFEU now
- purpose of Dir: better protection of health and removal of barriers for free movement of goods and services
- Germany opposed adoption in the Council and, after adoption, filed an action of annulment
ECJ case C-376/98, judgement of 5 October 2000, Germany/Parliament and Council. What was the decision of the ECJ regarding Harmonisation?
- Argument of removal for free movement of advertising media invalid for most forms of tobacco advertisement!
Because: Ban on ads on posters, parasols etc do not facilitate trade with these items.
The question on the page originate from the summary of the following study material:
- A unique study and practice tool
- Never study anything twice again
- Get the grades you hope for
- 100% sure, 100% understanding
Remember faster, study better. Scientifically proven.
