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

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

  Articles 34 prohibits quantitative restrictions (QR - e.g., an outright ban or a quota) on imports and all measures having equivalent effect (MEQR) = measure requireing to change the product

• 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?

• 2.2.1 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.

• 2.3 SELLING ARRANGEMENTS

• What is the definition of a selling arrangement in (Keck v Mountford)

  Selling arrangements focus on HOW the product is sold and NOT the product ITSELF. It governs who can sell the products, when, where and how.

• What 2 requirements must be fulfilled for the selling arrangement to fall outside of the definition of a MEQR under art. 34?

  Article 34 will not apply if the pure selling arrangements is non-discriminatory and as long as:
  
  

  1. The law applies to all traders operating in the national territory
  2. The law affects the marketing of domestic products and imports from other MSs in the same way

• 2.3.1 Case law

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• Why was shop opening hours considered a selling arrangement in Punto Casa v Capena and not a MEQR in art. 34?

  The ECJ held that Article 34 did not apply to shop opening hours and days and such laws are purely selling arrangements.

• Explain why the law on where baby milk could be sold was a selling arrangement in Commission v Greece?

  A law providing that baby milk could only be sold in pharmacies related to a selling arrangement.