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Problem 2 (European Union Law)
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This document contains the learning objectives of problem 2 (European Union Law). In English.
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PROBLEM 2Learning objectives:
1. When does national regulatory legislation (i.e. legislation of non-fiscal nature) hinder free movement of
goods within the EU?
2. Can national laws (of a regulatory nature) that hinder the free movement of goods be justified?
3. Solve the problem: is the Dutch legislation in the case contrary to European law? (niet uitgewerkt)
Literature:
- E-lesson on the pre-test
- E-lesson on the general principles applicable to the free movements
- E-lesson regulatory barriers on goods part II: article 34 TFEU (imports)
- Webcast on basic notions part 1
- Webcast on basic notions part 2
Case law:
Art treasures-case (commission vs. Italy, C-7/68; Only rule) Familiapress-case (C-368/95)
Cassis de Dijon-case (Rewe-Zentral AG, 120/78) Italian trailers-case (C-110/05)
Geddo-case (2/73) Fra.bo-case (C-171/11)
Dassonville-case (8/74) Mickelsson-case (C-142/05)
Keck and Mithouard-case (C-267/91)
1) WHEN DOES NATIONAL REGULATORY LEGISLATION (I.E. LEGISLATION OF NON-
FISCAL NATURE) HINDER FREE MOVEMENT OF GOODS WITHIN THE EU?
Free movement of Goods Part II: Regulatory Barriers (Article 34 TFEU: imports)
Introduction
The European Treaties prohibit two categories of measures that unjustifiably restrict the free movement
of goods:
1. Fiscal barriers in Articles 30 and 110 TFEU, and
2. Regulatory barriers in Articles 34 (imports) and 35 (exports) TFEU
Terminology
The terminology of the Court in free movement of goods is sometimes unclear, but this E-Lesson uses the
terms ‘measures that apply with distinction’ and ‘measures that apply without distinction’, which should
help you identify an MEEQR (a Measure having an Equivalent Effect to a Quantitative Restriction) in a
potential case study
Also, the following terms are interchangeable with each other:
• ‘imperative requirement’ and ‘mandatory requirement’;
• ‘mandatory requirements in the general interest’ and imperative requirements in the general
interest’;
• ‘measures applying with distinction’ and ‘direct discrimination’;
• ‘measures applying without distinction’ and ‘indirect discrimination’;
• ‘express justification’ and ‘justification mentioned in the treaty’;
• ‘implied justification’ and ‘justifications mentioned in case law’
NB: The E-Lesson Free movement of Goods Part I: Fiscal Barriers (Articles 30 and 110 TFEU) explained the
terms ‘European dimension’ or ‘cross border element’ and also provided the definition of ‘goods’ from
the Art Treasures case (Commission v. Italy). These terms are also applicable in the field of regulatory
barriers. → see ‘problem 1’
1
, Overview/Decision-making Tree: Regulatory Barriers for Goods
This overview will be used throughout this E-Lesson to elaborate on the free movement of goods. Please
use this overview as a guideline when trying to solve a case study or question related to regulatory
barriers. Please also do not forget to apply the Pre-Test.
Regulatory barriers
The E-Lesson Free movement of Goods Part I: Fiscal Barriers (Articles 30 and 110 TFEU) explained the
difference between fiscal barriers, which are measures of a Member State which are of financial or
pecuniary nature, and regulatory barriers, which are measures of a Member State which
are not of financial or pecuniary nature (hence a fiscal nature).
2
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