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11 Cards in this Set

  • Front
  • Back

Art 26

Implies the Union is an area with no barriers, goods, people, services and capital

Art 28

Establishment of customs union


Common custom tariff CCT for external EU goods


Prohibits custom duties on imports and exports of EU products and charges having equivalent effect

Art 30

Prohibits charges of equivalent effect of a fiscal nature - no derogation

Art 110

Prohibits discriminatory tax either directly or indirectly on products of other MS in excess of those imposed on domestic products

Art 34

Quantitate restrictions on imports from MS are prohibited

Art 35

Quantitate restrictions on MS exports are prohibited

Commission V Ireland 1988

ECJ ruled Art 34 also applied to goods supplied within a service contract

Commission v Ireland 1982

ECJ held that measures under Art 34 included not just Gov binding measures, if they are capable of influencing the conduct of traders and consumers

MEQR

Measures having equivalent effect

Art 36

Derogations Public policy, Public security, protection of health and life of humans,animals and plants, protection of national treasures possessing artistic, historic or archaeological value and protection of industrial and commercial property.

Cassis de Dijon or Art 36

Where national law discriminates directly against imports MS can only justify under Art 36


Where measure is indistinctly applicable MS can choose either Art 36 or Cassis rule of reason