- Created by: Katie
- Created on: 10-01-16 12:06
'Quantative restrictions on imports and all measures having equivelent effect shall be prohibited between MS'
A quantative restriction is 'any measures which amount to a total or partial restraint of imports, exports or goods in transit'
Animals and Plants
National treasures- artistic, historic or archeological
Industrial and commercial property
Facts: Belgian law specified that they needed a certificate of origin. Dassonville didn't have one and Belgium issued criminal proceedings
'All trading rules enacted by MS which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade are to be considered as measures having an equivelent effect to quantative restrictions'
Differentiated between a selling arangement and a product requirement
'prohibiting certain selling arangements is not such as to hinder directly or indirectly, actually or potentially, trade between MS'
Cassis de Dijon
Facts: German law meant that you could only define something as a liquour if it has 25%. Casis had 15-20% and so couldn't be sold in Germany.
This was a barrier to free movement.
Commission v Italy Motorcycle Trailers
Road safety is upto MS
Varying degrees are not necessarily disproportionate
1. The union shall adopt measures w/ the aim of establishing or ensuring the functionung of the internal market
2. The internal market shall comprise of an area w/out internal fronters in which the FMOG, P, S and C is ensured
Commission v Italy Works of Art
Goods are 'products which can be valued in money and which are capable, as such, of forming the subject of commercia transactions'.
Belgium v Spain Rejoia
Rule that bottle of wine should be done in the region of production to preserve the reputation of wine.
Restrictive to trade but justified
Focus on Art 35 (exports)
Commission v Portugal Tinted Windows
Restricting free movement to prevent crime
Not proportional as one tool of many
40% surcharge on imported goods by ship from another MS
Beer and Wine cases
Commission v UK: Beer and wine comparable so higher tax not allowed under art 110
Commission v Sweden: Differences in beer and wine meant that the tax didn't influence consumers
Scotch Whisky Association v Scotland
Angus MacCulloch: harmful and hazardous drinkers were being targeted which gives health exception as per Art 36
Tax v MUP- least onerous choice?
Former lawyer Carl Gardner: 'delphic'- courts position on proportionality not clear