Free Movement of Goods

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  • Created by: Amy
  • Created on: 26-03-17 13:33
C-72/83 Campus Oil Ltd v Minister for Industry and Energy
Public security used by the Irish government to justify requiring importers of petroleum to buy supplies from state refinery.
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C-168/78 Commission v France
The application of discriminatory taxation on spirits distilled from cereals and spirits obtained from wine and fruit is a breach of EU law.
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C-42/82 Commission v France (Re Italian Table Wines)
French legislation requiring imported Italian wine to be subjected to rigorous inspections was contrary to EU law.
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C-230/89 Commission v Greece
By applying to spirits a system of differentiated VAT rates discriminating against imported beverages which Greece does not produce they failed to fulfil obligations under art.95 (now art.114 TFEU)
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C-391/92 Commission v Greece
Greece prohibited the sale of processed milk for infants except from pharmacies but CJEU said that this was a 'selling arrangement' and not contrary to EU law.
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C-113/80 Commission v Ireland
The Irish claim that legislation was valid as consumer protection rejected because only applied to imported jewellery.
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C-7/68 Commission v Italy
CJEU gave wide definition to 'goods' - products that can be valued in money and which are capable of forming the subject of commercial transactions.
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C-24/68 Commission v Italy
The charge must be payment for some tangible benefit to the importer
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C-110/05 Commission v Italy (the 'trailer case')
CJEU recognised that Italian rules on trailers could be regarded as a measure having equivalent effect contrary to EU law but could be justified to protect road safety.
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C-124/81 Commission v UK (Re UHT Milk)
UK restrictions on marketing of UHT milk not justified under art.36 TFEU and breached EU law.
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C-40/82 Commission v UK (Re Imports of Poultry Meat)
UK failed to justify restrictions on poultry imports to prevent spread of Newcastle disease.
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C-121/85 Conegate Ltd v Customs & Excise Commissioners
There must be no arbitrary discrimination against imports.
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C-267 and C-268/91 Criminal Proceedings against Keck and Mithouard
The CJEU said that there was a distinction between the law regulating the goods themselves and selling arrangements, ie where, when or how they were sold.
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C-322/01 Deutscher Apothekerverband
The German legislation was prima facie a breach of EU law subject to a justification under art.36 TFEU on health grounds.
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C-142/05 Mickelsson and Roos
Swedish legislation prohibitating the use of 'personal watercraft' justified on environmental protection grounds.
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C-7/78 R v Thompson and Others
Old coins that are no longer legal tender are dealt with under the free movement of goods.
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C-34/79 R v Henn, R v Barby
Ban on pornographic boos was a quantitative restriction and contrary to EU law.
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C-120/78 Rewe-Zentral AG (Cassis de Dijon)
'Obstavles to movement within the Union resulting from disparities between national laws relating to the marketing of products... maybe recognised as satisfying mandatory requirements'.
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C-2/73 Riseria Luigi Geddo v Ente Nazionale Risi
Quantitative restrictions measures which amount to a total or partial restrain of imports or exports
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C-119/75 Terrapin (overseas) Ltd v Terranova Industry
It is compatible with EU law relating to the free movement of goods for an undertaking in one MS with a protected trademark to prevent the importation of products of an undertaking established in another MS bearing a name giving rise to confusion
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Other cards in this set

Card 2

Front

The application of discriminatory taxation on spirits distilled from cereals and spirits obtained from wine and fruit is a breach of EU law.

Back

C-168/78 Commission v France

Card 3

Front

French legislation requiring imported Italian wine to be subjected to rigorous inspections was contrary to EU law.

Back

Preview of the back of card 3

Card 4

Front

By applying to spirits a system of differentiated VAT rates discriminating against imported beverages which Greece does not produce they failed to fulfil obligations under art.95 (now art.114 TFEU)

Back

Preview of the back of card 4

Card 5

Front

Greece prohibited the sale of processed milk for infants except from pharmacies but CJEU said that this was a 'selling arrangement' and not contrary to EU law.

Back

Preview of the back of card 5
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