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6 Cards in this Set
- Front
- Back
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Art 2(1) |
Defines measures which treat domestic goods and imported goods differently DISTINCTLY APPLICABLE |
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Art 3 |
Defines measures that apply equally to domestic and imported products but have a restrictive effect. INDISTINCTLY APPLICABLE |
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Procureur du Roi v Dassonville |
Belgium trader importing whiskey from France needed a cert of origin only UK could supply. ECJ ruled law was indirectly discriminatory. Defined the MEQR's in Art 2 and 3, covers actual inherence and potential hindrance to trade. |
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3 Types of MEQR laws |
laws enforcing standards, size, weight, labelling, description, price or content. Laws relating to test to ascertain the above Laws capable of influencing the behaviour of Traders or consumers. |
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Cassis de Dijon |
Rule of Reason indistinctly applicable MEQR's might be justified on grounds such as consumer protection, public health and fairness Mutual Recognition Once goods have been lawfully made and sold in one MS it should be capable of import into all other MS |
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Keck and Mithouard |
Art 34 will not apply to national laws relating to selling arrangements if: Laws apply to all affected traders in national territory Laws affect in the same way the marketing of domestic and imported goods Advertising law also considered selling arrangements |
