These are the complete notes that I used to revise for my EU Law exam. They contain all the key cases and legislation, along with debate surrounding some of the main concepts. A bundle is available containing this document and others separate EU law topics.
- Removal of fiscal barriers (eg discriminatory taxation and tariffs) and non-fiscal barriers.
PROHIBITION OF QUANTITATIVE RESTRICTIONS ARTS.34-35 TFEU
- Art.34- Qua titati e est i tio s o i po ts a d all easu es ha i g equivalent effect shall be
p ohi ited et ee e e states.
- Art.35- Qua titati e est i tio s o e po ts a d all easu es ha i g e ui ale t effe t shall e
p ohi ited et ee e e states.
- Art.36- restrictions of Arts.34-35 if proportionate. Also restrictions developed through case law.
- Ianelli 1977- prohibitions laid down in this legislation are mandatory and explicit therefore
require no implementation by member states and have direct effect enforceable in national
courts.
SCOPE OF ARTS.34-35
Addressed to MS so MS executive and legislative bodies. But also other arms eg
- Police force (ex parte ITF 1998)
- Nationalised industries (Commission v France 1985)
- EU s o i stitutio s (Denkavit 1984)
Goods ot e tio ed i Arts.34-35 but in practice all products taken across border whether
manufactured or not and even waste (Commission v Belgium 1992)
- Even if origin outside EU (Donckerwolcke 1976 cloth originating in Syria imported into Belgium
then reimported into France ECJ held Art.34 applies.
DEFINITION OF QUANTITATIVE ‘EST‘ICTIONS
Geddo 1973- easu es hi h a ou t to a total o pa tial est ai t of, a o di g to the i u sta es,
imports, exports or goods in transit.
- Includes quota system (Salgoil) and outright ban on imports (Commission v Italy 1961)
- Rosengren 2007- Swedish legislation stipulating spirits, wine and beer had to be personal
transited into country. Goods confiscated. Held breach.
Generally speaking will be positive action that infringes Arts.34-35. But can be negative (failing to take
action)
- Schmidberger 2003- Authorities allowed environmentalist group to protest, blocking major
motorway for heavy goods vehicles. Although held that action was justified.
DEFINING MEASU‘ES EQUIVALENT TO QUANTITATIVE ‘EST‘ICTIONS MEQ‘s IN ART.34
- MEQR not defined in EU legislation. Comes from Dassonville 1974- Belgian legislation said need a
certificate of origin for range of goods including Scotch whiskey. Dassonville imported from
France who unable to obtain certificate as only available in UK. Imported anyway using forged
documents. Caught and prosecuted. Held law breach of Art.34 as capable of hindering trade.
Held “All t adi g ules e a ted MS hi h a e apa le of hi de i g, di e tl o i di e tl ,
actually or potentially, EU trade are to be considered as measures having an effect equivalent to
quantitative restrictions.
Cassis de Dijon 1979 disti guished disti tl a d i disti tl appli a le easu es. Disti tl a e those
relating to imports while indistinctly also apply to domestically produced goods.
, DISTINCTLY APPLICABLE MEQRs
- Bu atio al a paig s- Government sponsored campaigns to encourage consumers to buy
domestic products on basis of nationality clearly infringe Art.34. Commission v Ireland 2005- Irish
Goods Council given money to support major advertising campaign. Although incapable of
passing binding measures, held that could INFLUENCE shoppers into discriminating against
imports. [IS THIS REALLY A MEASURE THOUGH?!] However not contrary to EU law to promote
domestic product by pointing out its unique qualities not found in goods of other MS (Apple &
Pear Development Council 1983- legitimate to point out that English apples particularly crisp
[BUT THIS IS ALSO INFLUENCING?!]
- Import License Requirements- Breach if national legislation insists on importers being licensed.
Evans Medical 1995- license needed to import poppy seeds into UK in case got into wrong hands.
Held breach. Also breach if license id mere formality (UHT Milk 1983). Similarly national
legislation requiring retailers have license to sell a product held breach (Sandoz 1983) but since
Keck 1993 this may now be exempt as a selling arrangement.
- Hygiene Inspections- May still infringe Art.34 as adds delay expense etc. Italian Wines 1983-
French legislation required imported wines from Italy subject to rigorous inspections.
INDISTINCTLY APPLICABLE MEQRs
Most ases i ol e IAMs hi h although do t dis i i ate, ha e pote tial to hi de t ade.
- Origin marking requirements- National laws requiring goods be marked with country of origin
could infringe Art.34 for 2 reasons- impose extra burdens on importers and may encourage
prejudice of shoppers who may consciously or subconsciously select goods based on nationality.
Commission v UK (Origin Marking) 1985- UK law prohibited supply or offer of supply of certain
products to require indication of origin (including home based products). Held breach.
- Packaging requirements- National laws relating to how goods packaged may infringe. Eg Walter
Rau 1982- Belgian law breach, stipulated margarine be sold in cubes.
- Contents and Ingredients restrictions- eg Cassis de Dijon 1979- German legislation laid down
requirement of minimum alcohol content of 25% for certain spirits. Beer Purity 1987- German
law restricted additives to beer.
- Name restrictions- legislation that restricts naming of certain products could be infringement.
Smanor 1988- French law said yoghurt can only be labelled to fresh produce not frozen. Held
could make marketing of frozen yoghurt more difficult and impede trade between member
states.
- Prohibitions on use- Complete ban on use of a product is MEQR. Toolex Alpha 2000 Swedish
legislation prohibited sale and use for industrial purposes of products wholly of a named
chemical breached Art.34. But justified under Art.36.
ART.36 AND THE DEROGATIONS FROM ARTS.34-35
- Public morality, public policy or public security; protection of health or life of humans, animals or
plants; protection of national treasures possessing artistic, historic or archaeological value;
protection of industrial or commercial property. Such means however shall not constitute a
means of arbitrary discrimination or a disguised restriction on trade between MS.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Buddy1. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £3.98. You're not tied to anything after your purchase.
