Non-Fiscal Barrier to Trade - Measures Having Equivalent Effect to Quantitative Restrictions - Early Years and Dassonville

5 important questions on Non-Fiscal Barrier to Trade - Measures Having Equivalent Effect to Quantitative Restrictions - Early Years and Dassonville

Directive 70/50 (no longer in force)

The Commission suggested that both DAM and IAM should be caught within Article 34.

Introduction to Dual and Equal Burden by Directive 70/50

In satisfying dual burdens, a manufacturer must comply with at least two sets of product requirements:
  • those operated by the State of origin
  • those of States of importation
These burdens place an additional burden on the imported goods and place importer at a competitive disadvantage compared to the domestic producer, protecting the latter and their market share.

Approach of CJEU to Article 34

The Court interpreted Article 34 prohibition as broadly as possible and exceptions narrowly for the prohibition to have the greatest impact.
  • Higher grades + faster learning
  • Never study anything twice
  • 100% sure, 100% understanding
Discover Study Smart

Conegate Ltd v Customs and Excise Commissioners

Facts: Here Article 36 TFEU was invoked to justify the seizure by HM Customs and Excise of a number of inflatable rubber dolls, together with other exotic and erotic articles imported from Germany, on the grounds that they were indecent and obscene. The importers claimed the seizure was in breach of Article 34 TFEU and since there was no ban on the manufacture and sale of such items in the UK, it was discriminatory.

Held: Their argument succeeded before the Court and the Court held that the seizure was not justified under Article 36.

R v Thompson

A restriction on the import and export of gold collectors' coins was held to be justified on the ground of public policy because of the need to protect the right to mint coinage was one of the fundamental interests of the state.

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.
Trustpilot Logo