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33 Cards in this Set
- Front
- Back
Prohibition on all quantitative restrictions on imports and all measures having equivalent effect
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TFEU 34
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Goods = anything that can be valued in money and can be the basis of a commercial transaction
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Commission v Italy (art treasures)
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ECJ defines quantitative restrictions as “measures which amount to a total or partial restraint of … imports, exports or goods in transit
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Riseria Luigi Geddo
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MEQR Definition: “all trading rules enacted by MS which can hinder, directly or indirectly, actually or potentially, intra-community trade”
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Dassonville
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“Buy Irish” campaign was MEQR:
- Measure was simply a campaign set up by the government - Didn't even succeed - wasn't even binding |
Commission v Ireland
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UHT Milk case:
- requiring importers of UHT milk to have a licence was a MEQR - requiring re-packing in UK was MEQR because effectively a total ban |
Commission v UK (Re UHT Milk)
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Irish souvenirs:
- Restriction requiring Irish-looking souvenirs from abroad to be labelled as of foreign origin was MEQR (not applied to Irish tat) |
Commission v Ireland
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Origin marking:
- Certain retail goods only to be sold marked with country of origin held to be MEQ |
Commission v UK (Re Origin Marking)
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- Violent disruption of imports by protesters; government failed to crack down on them
- Inaction found to be MEQR |
Commission v France (Angry Farmers)
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Article 34 will not apply to laws on pure selling arrangements as long as:
- the laws apply to all traders operating in a national territory - the laws affect the marketing of domestic products and imports in the same way |
Keck
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Shop opening hours presumed to be selling arrangment
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Capena
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Where a product can be sold (baby milk in pharmacies) presumed to be selling arrangment
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Commission v Greece
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Professional body restricitons on advertising outside pharmacies presumed to be selling arrangment
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Hunermund
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Ban on fuels adverts on TV held not to be a MEQR
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Leclerc
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Swedish ban on alcoholic drinks ads (prejudical due to local products being familiar, so MEQR)
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Gourmet international
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Law requiring mobile shops to also have permanent local base also a MEQR – barrier to entry
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Schutzverbrand
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Making Mars repackage misleading wrappers held to be an MEQR
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Mars
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Making "Clinique" repackage to "Linique" was also a MEQR
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Clinique
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Treaty exceptions to articles 34/35
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TFEU 36
- public morality, policy, security - protection of health and life of humans/animals/plants - national treasures - industrial/commercial property |
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Public morality – banning porno films was OK because there was no licit trade
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R v Henn and Darby
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life-size sex dolls could not be stopped because there was a legal trade
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Conegate
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Public policy – very strictly applied; state has an interest in preventing the destruction of its own mint coinage
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R v Thompson
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Public policy – very strictly applied; unsuccessfully argued re inaction at protests
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Angry Farmers
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Public policy - balance struck with freedom of expression (OK if restriction of movement minimal)
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Eugen Schmidberger
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Public security – hard to argue, but keeping oil refinery viable was of sufficient importance to energy security
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Campus Oil
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Protection of health of humans, animals or plants – public health – UK failed in this argument, there was no need to re-package the milk
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Re UHT Milk
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protection of industrial and commercial property (ip)
Distinction between distinguishing existence of IPR and its exercise – protect the existence but don't allow IPR to be used to restrict trade (Deutsche Grammophon) |
Deutsche Grammophon
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ECJ allowed restriction to be upheld on environmental grounds
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Preussenelektra AG
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Principle of mutual recognition
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Product lawfully sold in one MS should be free to more to another (Cassis)
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Rule of Reason
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an indistinctly applicable restriction will be acceptable if necessary for a mandatory requirement of the state (Cassis)
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Exceptions for indistinctly applicable measures
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Cassis de Dijon
- fiscal supervision - public health - Fairness of commercial transactions - defence of consumer |
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Additional exceptions for indistinctly applicable measures
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- protection of culture (Cinetique SA)
- Protection of the environment (Commission v Denmark) |
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Cube shaped containers to show it was margarine!
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Walter Rau v de Smedt
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