FMOG (Non- Fiscal)

Article 34 TFEU
Prohibits QR and MEEQR
1 of 30
Comission v France (angry farmers)
Art 34 imposes obligation to act- MS are obliged to maintain FMOG. can infringe art 34 by omission
2 of 30
Schmidberger v Austria
FMOG have to be balanced against competing interests, environmental protection and was not intended to disrupt FMOG
3 of 30
QR- Greddo
Measures which have a total or partial restraint on imports, exports or goods in transit
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Henn and Darby (QR)
i accept 0 such goods= total ban on import- falls under QR
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Rosengren (QR)
Ban on imports for personal use constitute QR
6 of 30
Measures having an equivalent effect to Quanititative restrictions
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Dassonville Formula
capable of hindering directly, or indirectly, actually or potentially intra community trade
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Distinctly apllicable measure (art. 2 CRD)
Targets imports and discriminates against them e.g. Dassonville
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Buy Irish
Campaign to induce irish goods at detriment of imported goods- distinctly applicable measure- nationality is the discriminating factor
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Indistinctly applicable measure
No discrimination of the face. Byt have a burden on goods to benefit home produced.
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Cassis De Dijon
German law said it didnt constitute liquor (under 25%) so French would have to repackage which would cost- Indistinctly applicable measure
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Margerine- repackaging (indistinctly applicable measure)
13 of 30
Germany (Beer purity)
Indistinctly applicable measure
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Foire Gras
Consider both direct and potential impact on market
15 of 30
Distinctly applicable measure- ART 36) Indistinctly applicable measure Art 36 and/or mandatory requirements
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Art 36 Derogations:
Public morality, protection of health and life (have to be proportinate)
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Henn and Darby (PM)
Restricting import of ****- QR- Justified- yes- protecting public morality
18 of 30
sex dolls not allowed- QR- not justified because they were already in shops and therefore it was a discguised restriction
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Protection of health and life- scientific minortity evidence is enough
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Measure not proportinate- applied to all people not just young- not protection of health and life
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Mandatory Requirements
1) effectiveness of fiscal supervision 2) Protection of public health 3) fairness to commercial transactions 4) defence of consumer
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2 categories of measures 1) product requirement 2) CSA-outside scope of art 34 but must not discriminate
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relates to manner in which product is sold
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Punto Casa
No sunday trading- CSA- fell outside scope of art 34
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Familia Press
No prizes in cross word- not a CSA as amendments would have to be made- justified to contain price diversity
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Dynamic Median
Movie certificates- Not CSA- product requirement - Product requirement- could be justified- public interest
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Di Agostini
Dino mag- fell within scope of 34- could be justified protection of over commercialisation
28 of 30
Gourmet international
alcohol booklet ban- ban was too broad- did not apply equally because it did not apply equally in law and in facr
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Commission v Italy (trailers)
notion of 'hindering market access' when 1) hinder market access under dassonville 2) product requirement 3) any other rule that would hinder MA
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Other cards in this set

Card 2


Comission v France (angry farmers)


Art 34 imposes obligation to act- MS are obliged to maintain FMOG. can infringe art 34 by omission

Card 3


Schmidberger v Austria


Preview of the front of card 3

Card 4


QR- Greddo


Preview of the front of card 4

Card 5


Henn and Darby (QR)


Preview of the front of card 5
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