STEP 3: DEFENCES - DISTINCTLY APPLICABLE FOR BOTH QRs AND MEQRs ARE ONLY JUSTIFIABLE BY ARTICLE
8 important questions on STEP 3: DEFENCES - DISTINCTLY APPLICABLE FOR BOTH QRs AND MEQRs ARE ONLY JUSTIFIABLE BY ARTICLE
Is the application of the Article 36 TFEU exceptions limited? Explain the exception to this in Preussen Elektra?
Explain why the French government could not rely on the exception of public policy in failing to take steps against French protestors in (Commission v France (Angry Farmers)?
Contrast (Angry Farmers) with (Schmidberger) and explain why the Austrian authorities were successful on policy grounds for the protests?
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Explain why the Irish law requiring importers of petrol to buy a certain percentage of petrol from an Irish state-owned refinery was justified in (Campus Oil)?
Explain why the UK ban on imported French poultry was unjustified on grounds of protection of health in Newcastle Disease?
Explain why the repackaging requirement on imported milk in the UK was unjustified in Re UHT Milk on public health grounds?
Explain why the tax on Italian exports of artistic, historic and archaeological value was unjustified in (Art Treasures)?
What are the main requirements in justifying the above defences?
- Arbitrary discrimination
- Disguised as a restriction on trade
- Must be necessary for achieving the objective sought (ie., does not go beyond what is necessary) Re UHT Milk - page 192 manual
- Must be proportionate
- In Schmidberger the Austrian authorities balanced protecting the free movement of goods and the right to freedom of expression = proportionate
The question on the page originate from the summary of the following study material:
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