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[Meer zien]Voorbeeld 4 van de 33 pagina's
Voorbeeld 4 van de 33 pagina's
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Voorbeeld van de inhoud
General introductionFree movement of goods
Art. 28 TFEU: defintion of a customs union
Free circulation of goods within EU
Concerning goods originated in the EU
(internal dimension) + 3rd country goods
admitted to free circulation within the EU
after paying common EU customs tariff
(external dimension)
Art. 30 TFEU: prohibition of custom duties on Van Gend & Loos Goods from G -> NL: had to pay custom duties
import and export and of CEE between MS But prohibition on inter-state custom duties?
(internal dimension) Question: also applicable on legal persons?
CoJ: yes, art. 18 TFEU creates rights with direct effect and
no custom duties when goods transfer a border within the
EU
Art. 31 TFEU: also free movement of 3rd country
goods after paying custom duties as an entry fee
Common customs tariff duties in relation to
3rd countries (external dimension)
Art. 34 TFEU: prohibition on quantitative Dassonville Scotch Whisky in Belgium could only be sold if
restrictions and MEE on imports between MS accompanied with a certificate of origin
Dassonville bought Whiskey in France to sell in Belgium,
but in France no certificate was needed
CoJ: the obtaining of a certificate is more difficult for
importers who bought the Whiskey in another country
where the goods are admitted to free circulation than for
importers who buy the Whiskey directly from the
originating country => measure having equivalent effect
to a quantitative restriction
Court gave a very broad definition of MEE: all trading rules
are capable of hindering the free movements of goods =>
risk that all domestic legislation can be put under this
definition => court tried to kick back the definition in Keck
& Mithouard
Keck & Mithouard French law prohibits selling of goods below the wholesale
prices
Keck & Mithouard argued that importers are often new to
the market and want to grow recognition by cutting prices
CoJ: the national legislation is a general prohibition that
applies to any sales activity carried out within the national
, territory, regardless of the nationality of those engaged in
it and thus is not discriminatory
Art. 35 TFEU: prohibition on quantitative Groenveld Dutch law which prohibited any manufacturer of sausages
restrictions and MEE on exports between MS from having in stock or processing horsemeat
Question: measure is adopted to protect the Dutch export
of meat products
CoJ: the national legislation is a general prohibition that
applies to all manufacturers of meat within the national
territory, regardless of the nationality of those engaged in
it and thus is not discriminatory
New Valmar New Valmar is a Belgium company that had an agreement
with an Italian Company => agreement was not stipulated
in Dutch, but another language
Belgian law: undertaking within an entity must be in the
official language of that federal entity
Court finds that the language legislation does constitute a
restriction on the free movement of goods within the EU
Art. 36 TFEU: potential written justifications Cassis de Dijon German company wanted to import Cassis from Dijon
(France)
German law requires alcohol percentage of 25% to be
called a liqueur, and Cassis de Dijon contained 15%-20%
German company: this is a MEE under art. 34 (import
restriction)
There is no requirement of the minimum alcohol content
to serve a purpose in the general interest => breach of
the free movements of goods
Free movement of workers
Art. 45 TFEU: prohibition of restrictions and of Van Duyn Van Duyn (a Dutch national) was denied an entry permit to
discrimination on the basis of nationality work in the UK because the government believed
Scientology to be harmful to mental health
CoJ: art. 45 has direct effect in the legal orders of the MS
and confers rights on individuals => restrictions can only
be made if justified on the personal conduct of the
individual concerned
Bosman Bosman was a football player who wanted to transfer from
his Belgian team to a French team
UEFA had a nationality clause (only 3 foreigners are
entitled to paly at the same time) + clubs could demand a
, transfer fee for a player even after their contract had
expired
CoJ: hindrance of the free movement => professional
football players in the EU can move freely to another club
at the end of their term of contract with their present team
without a transfer fee
Freedom of establishment (of self-employed persons)
Art. 49 TFEU: freedom of establishment Reyners Reyners is a Dutch national with a law degree who applied
to the Balie in Brussels but got refused because he didn’t
Art. 54 TFEU: companies are equivalent to have the Belgian nationality
natural persons CoJ: Advocacy does not fall within the exemption of art. 62
jo. 51 TFEU (public authorities: must be a direct and
specific connection with the exercise of official authority)
Centros LTD Centros wanted to establish a company in Denmark, but
high minimum capital requirement => decided to set up a
company in the UK (with a lower minimum capital
requirement) and register a branch of that company in
Denmark (to avoid that minimum capital requirement) =>
Denmark said they couldn’t do that
CoJ: states must recognize branches set up in accordance
with the law of another MS, even when it is intended to
have no activity in the registered office, and to carry on its
entire business in that branch
Freedom to provide services (by self-employed persons)
Art. 56 TFEU: freedom to provide services Van Binsbergen Dutch legal adviser had a case pending to defend his
client (Van Binsbergen) before a Dutch court =>
art. 57 TFEU: a service is normally provided for meanwhile he moved his residence from the Netherlands
remuneration to Belgium
Duch law stated that only those established in the
Netherlands could act as legal advisers
CoJ: art. 56 TFEU has direct effect and can be relied on
before the national courts, when they seek to abolish any
discrimination against a person providing a service by
reason of his nationality
Cowan Cowan (UK) was victim of a street crime in France and the
offender wasn’t found => French law providing that if the
offender cannot be found, the administration has to
compensate => French authorities refused to pay,
, because Cowan wasn’t a French national + no reciprocity
treaty between France and the UK
CoJ: freedom to provide services is equal to freedom of
travelling within the EU and receive services => condition
of residency of reciprocity is a breach of freedom to
provide services
Free movement of capital
Art. 63(1) TFEU: free movement of capital
between MS + between MS and 3rd countries
Art. 65(1) TFEU: some tax provisions of MS can Casati Mr. Casati, Italian citizen living in Germany => goes to
still apply Italy and brings back 650 thousand Italian lira and 24
thousand German marks without declaring the money =>
Italian law: taking foreign currency abroad was only
possible after declaring possession of it, while taking
Italian currency in the amount exceeding 500 thousand
lira out of Italy required special permit => Casati argued
that he took this money to Italy in order to purchase some
machines for his business; but he didn’t buy them because
factory was closed => severe penal sanctions
CoJ: full freedom of capital movement may threaten
economic policy of a country or disturb its balance of
payments, which may lead to violation of proper
functioning of the Common Market => those rules do not
restrict the MS to adopt control measures and to enfore
compliance with them by means of criminal penalties
Bordessa et al. Bordessa is an Italian national that arrived at the customs
post in Spain travelling towards France => they found
banknotes in his car and he did not possess the
authorization required under Spanish law for the export of
such a sum
CoJ: rules which make the export of coins, banknotes or
bearer cheques conditional upon a prior declaration or an
administrative authorization and make that requirement
subject to criminal penalties do not fall within the scope of
art. 63 TFEU
Sanz De Lera et al. Mr Sanz de Lera is a Spanish national driving to Geneva
and was stopped in France => they found banknotes, but
he had no declaration
CoJ: rules which make the export of coins, banknotes or
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