Non-Fiscal Barrier to Trade - Measures Having Equivalent Effect to Quantitative Restrictions
9 important questions on Non-Fiscal Barrier to Trade - Measures Having Equivalent Effect to Quantitative Restrictions
Landmark Cases in Development of Article 34 TFEU
- Dassonville
- Cassis de Dijon
- Keck
Extending Article 34 to Equal Burden Rules
Cinetheque: Prohibition on hire/sale of videos of films within first year of release = MEEQR but can be justified
Torfaen: UK ban on Sunday trading held to be a MEEQR because, by reducing volume of sales, it reduced volume of imports.
Conflicting Objectives and The Scope of Article 34
On the other hand, can it really remove all obstacles? There is immense pressure facing by the Courts. CJEU has an unnecessary and almost impossible task to evaluate national policy choices in areas which have very little to do with Intra-Union trade or with Union law in general.
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Distinction between A Selling Arrangement and A Product Requirement
SA is presumed to be outside of the scope of Article 34 but such presumption can be rebutted (does the national selling arrangement measure prevent access to the market or impede access any more than it impedes the access of domestic products?)
Volker Graf, Advocate General suggested
Commission v Greece
Commission v Italy, AG Bott considered "Product Use Rules" but extended it to "Market Access" test
A Mixed Market Access and Discrimination Test in Gourmet Internationl
Impediment to Market Access Test: AG Jacobs in Leclerc Siplec argued
- Article 34 should only catch measures which directly and substantially impede access to the market
- The discrimination test is inappropriate
- The central concern of FMG provisions is to prevent unjustified obstacles to trade between MS not to eradicate any obstacles
- Restrictions on trade should not be tested against local conditions which happen to prevail in each MS, but against the aim of access to the entire Community market.
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