FMOG Problem Question

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1
Is it a good? Com v Italy 'valued in money and capable of forming subject of commercial transactions'
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Must be non-pecuniary barrier to trade, pecuniary barriers such as charges and customs duties are not covered by ARTS 34.35
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Is measure imports (ART 34) or exports (ART 35), they prohibit all quantitative restrictions and measures having equivalent affect
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Is it a quanitattive restriction? Geddo: total or partial restraint on goods, so a ban or quota, prohibited
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Is it an MEQR? Dassonvill formula, distinctly applicable measures under d 70/50 are auto prohibited, then for indistinct, any that have the potential to hinder intra-community trade
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What may hinder trade: Cassis: prod requirements/dual burden/mutual recognition, Keck: Selling arrangements not unless: Gourmet, De Agostini, impedes access, Aklagaren (SJS) pr Trailers (Com v Italy) restricts use
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Is measure justifiable in any way under ART 36 or mandatory requirements
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Art 36, exhaustive list, 5 different grounds, pub moral: can't have measure when no prohibiting manufacture: Conegate, for health there must be scientific proof: sandoz, San Jose scale
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Mandatory requirements, non exhaustive list: examples: environment protection: com v Denmark, interest of socio-economic policy: oebel, characteristics culturally: torfaen v B and Q
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If measure is justified, is arb discrimination or disguised restriction on trade - 'Poultry' Com v UK, 'Grain and Fruit' Com v France
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General principle of proportionality in Cassis, did the measure go beyond what was necessary in order to satisfy man require or Art 36
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I DONT FUKING KNOW
Ms have obligation to ensure free movement of goods: schmidberger v Austria
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