Summary Institutional and Substantive EU Law Notes on Free Movement of Goods
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Course
111215502Y
Institution
Universiteit Van Amsterdam (UvA)
This pdf contains both the lecture notes as well as the book information from the section Free Movement of Goods, in the second part of the course Institutional and Substantive Eu Law.
- Free movement of goods is secured through the elimination of customs duties and
quantitative restrictions and the prohibition of MEE
- Eliminating all obstacles to trade in the EU
- Right of free movement of goods originating in MS’s and goods from third countries in
free circulation
- The creation of the single market necessitated the elimination of all remaining obstacles
to the free movement of goods
- What did the EU do to abolish obstacles? → Fiscal and Non Fiscal Rules
Goods: Products which can be valued in money and which are capable, of forming the subject of
commercial transactions Commission v Italy 1968
- Ex: Waste, Electricity
Internal market: An area without frontiers in which the free movement of goods, persons,
services and capital is ensured
Legal basis: Art. 34/35 TFEU
ART 3 (3) + ART 26 TFEU → Definition of the IM
ART 28(1) → Customs Union
ART 29 TFEU→ Products considered to be in free circulation IF the import formalities
have been complied with and any customs duties/CEEs due have been
levied in a MS
- Case: Donckerwolcke
ART 30 TFEU → Customs duties on imports & exports & charges having equivalent
effect shall be prohibited between MS (Fiscal)
ART 34 TFEU→ Ban on quantitative restrictions on imports and measures that have an
equivalent effect (MEQR). (Non-Fiscal)
ART 35 TFEU → Ban on quantitative restrictions on exports and measures that have an
equivalent effect (Non-Fiscal)
ART 36 TFEU → Justifications
ART 110(1) TFEU → Prohibition of discrimination internal taxation (Fiscal)
ART 110(2) TFEU → Prohibition of protectionism
ART 114 TFEU→ Achievement of the IM
, Free movement of goods achievement through:
1. Prohibition of customs duties and charges of equivalent effect or CEEs (ART 30
TFEU)
2. Prohibition of quantitative restrictions and measures of equivalent effect or MEEs
(ART 4/36 TFEU)
3. Prohibition of discriminatory internal taxation (ART 110 TFEU)
→ all directly applicable EXCEPT Capital → Mutual recognition applied
Customs duties → Charges levied on goods by reason of the fact that they cross a frontier
between MS’s
Charges of Equivalent effect: ART 30
Diamonds 1969 (para 9) → Any pecuniary charge however small & whatever designation &
mode of application imposed on domestic or foreign goods, by
reason of fact they cross a frontier.
Quantitative restrictions: ART 34-35
Geddo 1973 → “Measures which amount to total or partial restraint of...imports, exports of goods
in transit”
MEQR: ART 34-35
Dassonville (par. 5) → ‘All trading rules enacted by MS which are capable of hindering, directly
or indirectly, actually or potentially, intra-community trade”
- Broad
- Buy Irish (para 25)
→ Inappropriate to consider statistical evidence as to the volume of imports of products
subject to the national measure (Campaign made imports rise)
- Trailers 2009 (para 37)
→ Added: “Any measure which hinders access to the market” also constitutes an MEE
Summary:
ART 30/110 → CEE
ART 34/35/36 → MEQR
Customs Union
Art. 28(1) TFEU → EU constitutes a customs union covering all trade in goods
- Uniform rules for goods coming from third countries
Ex: 1) A common customs tariff (ART 31 TFEU)
2) Common commercial policy in trade with third countries (ART 207 TFEU)
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