FREEMOVEMENT OF GOODS

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What does TFEU mean?
Treaty on the Functioning of the European Union
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Fill in the blank, 'The free movement of goods is a (blank) conferred within the TFEU
Fundamental Freedom
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Article 34 prohibits
Customs on duties and charges having equivalent effect
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Which Article lays down various ground which may justify certain restrictions?
36
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Article 35 prohibits
Quantitative restrictions and measures having equivalent effect to quantitative restriction
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Article 36 provides
Certain restrictions maybe justifiable on various grounds, which are not disproportionate
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Indistinctly applicable MEQR's are...
National rules that apply without distinction to imports and domestic goods, but have the potential to hinder trade
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Does Article 34 provide a definition of 'Goods'?
No, the definition can only be found in case law
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Select examples of Quantitative Restrictions (QR)
Bans and Quotas
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Name the important case associated with MEQR's
Dassonville
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Name the case associated with the Rule of Reason
Cassis de Dijon
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Is it contrary to EU law to promote domestic products by pointing out certain qualities not found in goods from other MS?
No, Apple and Pear Development Council
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Do government sponsored campaigns to encourage customers to buy domestic products infringe Article 34
Yes, Commission v Ireland
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Do licensed imports breach Article 34?
Yes, Evans Medical & MacFarlan Smith
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Do packaging requirements infringe Article 34?
Yes, Walter Rau v De Smedt
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Cassis de Dijon concerned what?
Minimum alcohol level of 25% per litre for certain spirits to be classed as 'Cassis'
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Prima facie means...
Based on the first impression; accepted as correct until proved otherwise.
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If a MS issues a complete ban under national legislation this can amount to a
MEQR
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How many exceptions under Article 36 to justify restrictions are there?
6
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Why was the decision in Cassis de Dijon decided?
The ECJ did not have the power to amend Article 36, therefore created alternative derogations MS could plead as an alternative
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What are the derogations under the Cassis de Dijon ruling known as?
Mandatory Requirements
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Which case developed the laws surrounding Selling Arrangements?
Keck
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What is a Selling Arrangement?
Laws concerning not the goods themselves, but rather how, when and where they are marketed
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What is a product requirement?
Laws regulating the goods themselves which is governed by Article 34
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Other cards in this set

Card 2

Front

Fill in the blank, 'The free movement of goods is a (blank) conferred within the TFEU

Back

Fundamental Freedom

Card 3

Front

Article 34 prohibits

Back

Preview of the front of card 3

Card 4

Front

Which Article lays down various ground which may justify certain restrictions?

Back

Preview of the front of card 4

Card 5

Front

Article 35 prohibits

Back

Preview of the front of card 5
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