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18 Cards in this Set
- Front
- Back
Art 26 TFEU |
implies area with no internal barriers |
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Art 28 |
Establishment of the custom union common custom tarrifs covering MS with non MS countries Prohibiting custom duties on MS imports and charges have equivalent effect Common Customs Tarrif |
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Art 30 |
Fiscal nature Also applies to custom duties of a fiscal nature - no derogation |
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Charges having equivalent effect |
Also covers testing and inspection fees |
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Art 110 |
Prohibits discriminatory tax No Ms will impose either directly or indirectly a tax on the products of the other MS in excess of that imposed on domestic products |
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Art 34 |
Prohibits quantitate restrictions on MS imports |
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Art 35 |
Prohibits quantitate restrictions on MS exports |
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Comission v Ireland 1988 |
Art 34 applies to both the provision of goods and within a service contract |
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Commission V Ireland 1982 |
ECJ help under Art 34 measures also applied to non-binding measures not just government measures if they are capable of influencing the conduct of traders and consumers. |
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Types of quantitate restriction laws |
Outright ban imposed on one MS on imports from the other A quota system restriction |
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MEQU's Measures having Equivalent Effect to quantitate restrictions |
Distinctly applicable that apply only to imports Indistinctly applicable measure that apply to both but the effect on imports is harsher |
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Directive 70/50 |
Art 2(1) Defines a category of measures which treats domestic and imported goods differently Art 3 Defines a category of national law which apply equally but have a restrictive effect |
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Types of laws capable of MEQR's |
law enforcing standards e.g.size, labelling, weight, price, content and description Law relating to tests to ensure goods conform with the above Law capable of influencing the behaviour of traders or consumers |
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Art 36 |
Derogation On grounds of public policy and security, but can not be invoked for consumer protection or economic reasons. Health must prove it is a real health risk Protection of industrial and commercial property, trade marks, patents etc |
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Procureur du Roi v Dassonville |
Belgium trader imported scotch whiskey from France and could not get a cert of origin, only Uk could supply this. ECJ ruled that law indirectly discriminated, it identified the 2 types of MEQR's actual hindrance and potential hindrance. |
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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 Once goods have been lawfully made and sold in one MS they should be capable of import in all MS |
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Keck v Mithouard |
Selling arrangements Indistinctly applicable MEQR's can fall within Art 34 if they are disguised restrictions, have exemptions through rule of reason that are broader than Art 36 Laws apply to all affected traders in nat territory Laws affect in the same way the marketing of Nat and imported products |
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Campus Oil Ltd |
Irish oil restrictions on imports to protect the only Irish refinery by saying that 30% needed to be supplied by them. ECJ agreed that over reliance of imports would threaten the security of the State at times of shortage, Art 36 in the interest of Public Policy. Not just economic. |