STEP 3: DEFENCES - INDISTINCTLY APPLICABLE MEQRs = BOTH ARTICLE 36 + FURTHER DEFENCE CASSIS DE DIJON - Rule of Reason
3 important questions on STEP 3: DEFENCES - INDISTINCTLY APPLICABLE MEQRs = BOTH ARTICLE 36 + FURTHER DEFENCE CASSIS DE DIJON - Rule of Reason
What are the four mandatory requirements that the MS might use to defend the restriction?
A MS can rebut this presumption by showing that the restriction is necessary to satisfy the four mandatory requirements under para 8 of (Cassis):
- Effectiveness of fiscal supervision?
- Protection of public health
- Fairness of commercial transactions
- Defence of the consumer (consumer protection)
What are the four mandatory requirements that the MS might use to defend the restriction?
A MS can rebut this presumption by showing that the restriction is necessary to satisfy the four mandatory requirements under para 8 of (Cassis):
- Effectiveness of fiscal supervision?
- Protection of public health
- Fairness of commercial transactions
- Defence of the consumer (consumer protection)
Is it important for the restriction to be necessary Commission v Germany('Re Beer Purity Laws') and proportionate (Walter Rau) in achieving the mandatory requirement?
The restriction must be necessary (Beer Purity Laws - an absolute ban on additives in beer did not constitute a danger to public health and was therefore not necessary to protect public health)and proportionate (Walter Rau - a Belgian law requiring margarine to be packed in cub-shaped boxes went beyond what was necessary to protect the consumer) in achieving the mandatory requirement(s).
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