Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/18

Click to flip

18 Cards in this Set

  • Front
  • Back

Art 26 TFEU

implies area with no internal barriers

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

Art 30

Fiscal nature


Also applies to custom duties of a fiscal nature - no derogation

Charges having equivalent effect

Also covers testing and inspection fees

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

Art 34

Prohibits quantitate restrictions on MS imports

Art 35

Prohibits quantitate restrictions on MS exports

Comission v Ireland 1988

Art 34 applies to both the provision of goods and within a service contract

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.

Types of quantitate restriction laws

Outright ban imposed on one MS on imports from the other


A quota system restriction

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

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

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

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

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.

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

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

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.