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12 Cards in this Set

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What is MEQR
MEQR is Measures Having Equivalent to Quantative Restrictions (Articles 34 TFEU)
Which case defined product requirements and selling arraingement
Keck case -Article 34 does not apply to selling arrangements, only to product requirements
What is selling arrangemet
Rules applicable to selling arrangements do noit require change to the product but restrict way they are marketed
Keck case
What are examples of selling arrangement
Keck case excluded regulations re selling arrangements from Article 34
Samples:
Restrictions on where baby milk powder can be sold or how the product can be marketed or advertised
What kind of requirement is labeling, what secotion of TEFU apply
Labeling is a product requirement, a MEQR contrary to Article 34
What requirements are set by Cassis case
Inditinctly appliable rules -imposition of dual burden
Mandatary requirement - can be justification, such as consumer protection
Must be proportionate, not impose undue burden
What is mandatory requirement
Justification of indistictly applicable rule, cannot impose undue burden, double burden, must be proportionate
What is Rau case
Case re shape of margarine for sale
What is Percautionary Principle
Case Sandoz Where the available evidence of the health impact of particular substance is unclear, member state can decide what level of protection is appropriate subject to proportionality rule (for food enriched with added vitamins and minirals) Member state has discretion
What is principle of mutual acceptance or mutual recognition
Developed in Cassis case-
goods lawfully produces and marketed in one member state should me freely marketed in all the others
What rules can member state have for their domestic products which they can impose on other member states producers
Cassis case -1. Rule applies equaly to domestric products
2. Rules nevessary to protect essential public interest (mandatory requirements)
3. It is proportionate -not more restrictive/burdensone than necessary
Measures which fullfill the test are outside the scope of Article 34
What are three basic principle of analysis of Article 36 and Cassis mandatory requirement
Article 36 is closed list and applies to both (1) discriminatory and (2) indistrictively applicable measures. Cassis is a developing list but only justified indistrictively applicablke rules (Commssion v Ireland). Court approach is basically the same:
(1) Is there a legitimate objective (2) Is the rule necessary; (3) Is it proportionate