Judgments
Law of the Internal Market: Free Movement of Goods and Services Cases
- Course
- Institution
Summary of the cases for the course Law of the Internal Market I: Free Movement of Goods and Services
[Show more]
Seller
Follow
smahd
Reviews received
Content preview
Law of the Internal Market - Case LawWeek 1: Free Movement & the Market: Goods, Tariff Barriers & Purely Internal Situations
Italian Marble
Focus:
● Scope of ART 30 TFEU
Facts:
● Italian municipality was taxing marble excavated in its territory that was transported outside
the municipal territory
Applicant:
● Challenged it
○ Question to the CJEU → Is it a CEE to a custom duty?
Municipality:
● No → It is just a tax that it is not a CEE
○ Claim it is merely a tax that is applicable without distinction (para 16)
CJEU:
● No → Clarified what is and what is not a tax (para 18)
○ This charge constitutes a CEE → “Any pecuniary charge (...) imposed because of the
fact that goods cross a frontier”
- Does not matter how small the amount may be (para. 20)
○ These charges are prohibited under ART 30 TFEU → Charges prohibited intra-state
and outer state
- This is necessary for the realisation of a Customs Union (para 24)
Jersey Potatoes
Focus:
● Compatibility of Jersey Potato Export Marketing Scheme Act with EU law
Facts:
● 2001 Marketing Scheme → Obliges producers exporting potatoes to register with PEMB &
pay contributions → Breach of scheme = Penalties
Question:
● Is this scheme a CEE? (para 57)
○ CJEU: Even if these contributions are not high, the fact they have to pay them = CEE
, ● Is this a purely internal situation? → No border was crossed (para 61)
○ CJEU: ART 30 applies → Potatoes could be re-exported (not purely internal) (para 65)
- Purely internal situation → A situation which is “purely confined in all
respects within a single MS”
Ullens de Schooten
Focus:
● Purely Internal Situations
Facts:
● Free movement provisions prohibit restrictions ‘between Member States’
○ Purely internal situation → A situation ‘which is confined in all respects within a
single MS’
CJEU:
● EU free movement provisions do not apply in purely internal situations
○ Result: CJEU has no jurisdiction to rule on these matters
- HOWEVER: There are 4 exceptions (para 50, 51, 52, 53)
Outokumou oy
Focus:
● ART 30 TFEU or ART 110 TFEU?
Facts:
● Finnish government was charging electricity coming in from abroad differently to electricity
produced in Finland
Question:
● Is this tax scheme compatible with EU law?
○ Does it fall under ART 30 or ART 110TFEU?
CJEU:
● Taxing scheme falls under ART110 TFEU → Lays down conditions for when ART 110 applies
1) Tax is part of a general system of internal taxation that applies systematically to
products
2) Duty is levied according to objective criteria and applies without regard to the origin
of the product (para 20)
● In this case tax = discriminatory
○ Treated similar products differently (para 34) → ART 110(1)
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 or Stuvia-credit 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 smahd. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.50. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
79373 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now