CJEU: ‘quantitative restrictions’ are any measure which amounts to a total or partial restraint on imports, exports or goods in transit
1 of 25
R v Henn and Darby (1980)
CJEU: a total ban is a quantitative restriction under Art 34 TFEU
2 of 25
Dassonville (1974)
MEQR’s= all trading rules enacted by MSs which are capable of hindering, directly or indirectly, actually or potentially, intra-EU trade
3 of 25
Commission v Ireland (Buy Irish case) (1982)
MSs may not promote national products where this involves discrim’n against imports- CJEU: if a measure is capable of restricting imports, it is illegal under art 34 TFEU
4 of 25
Cassis de Dijon (1979)
There is no valid reason why goods which have been lawfully produced and marketed in one MS should not be intro’d into any other MS – mutual recognition; obstacles to movement only acceptable if nec to satisfy mandatory reqt’s relating to
5 of 25
Keck (1993)
CJEU: ‘certain selling arrangements’ would not breach art 34 TFEU if they affected all traders and did not prohibit commercial freedom
6 of 25
R v Henn & Darby (1979)
a MS may lawfully prohibit on grounds of public morality the importation from another MS of indecent or obscene materials as understood by its domestic laws
7 of 25
Conegate (1985)
Seizure of dolls being imported from Germany to UK on grounds that they were indecent and obscene was a breach of art 34 TFEU, being discriminatory on groundsof nationality
8 of 25
Cullet (1981)
Public policy does not cover eco considerations
9 of 25
Kohl (1983)
Public policy does not cover consumer protection
10 of 25
R v Thompson (1978)
MS was justified on grounds of public policy under art 36 because of the need to protect mint coinage which trad’y regarded as involving the fund’l interests of the state
11 of 25
Campus Oil (1983)
Irish govt successfully argued that it was justified on public security grounds, to maintain a viable refinery that would meet essential needs in times of crisis
12 of 25
Officer van Justitie (1981)
In the absence of harmonisation, a state may protect the public by banning additives where there is genuine scientific doubt about their safety
13 of 25
Commission v UK (1982)
The risk to health must be real and from part of a seriously considered health policy
14 of 25
NFU (1996)
Where there is uncertainty as to the existence or extent of risks to human health, the institutions may take protective measures w/out having to wait until the illegality or seriousness of those risks become fully apparent
15 of 25
Terrapin (1975)
CJEU: art 36 admits exceptions only to the extent to which such exceptions are justified for the purpose of safeguarding rights which constitute the specific subject matter of that property
16 of 25
Familiapresse (1997)
A prohibition on the inclusion of games with prizes in newspapers was held to be more than a mere selling arrangement because it required a change to the product itself
17 of 25
KO v GIP (2001)
CJEU: if the national provisions restricting or prohibiting certain selling arrangements are to avoid being caught by art 34, they must NOT be of such a kind as to prevent access to the market by products from another MS or to impede access any more
18 of 25
Geddo
CJ: QR’s are measures which amount to a total or partial restraint of imports, export or goods in transit
19 of 25
International Fruit (No 2)
CJEU: apart from bans on imports, imposed quotas on imports also constitute QRs in violation of Art 34 TFEU
20 of 25
Keck
CJEU: indistinctly applicable MEQRs= product req’ts involving designation, form, size, weight, composition, presentation, labelling and packaging of the product concerned
21 of 25
Firma Denkavit
Imposing additional req’ts on imported goods=DA MEQR
22 of 25
Dassonville
Restricting channes of distribution for imported goods = DA MEQR
23 of 25
Commission v Italy (Buy Irish)
National rules giving pref to domestic goods = DA MEQR
24 of 25
Dassonville
Distinctly applicable measures can only be justified under art 36 TFEU; indistinctly applicable measures can be justified under art 36 or by ref to ‘mandatory req’ts’
25 of 25
Other cards in this set
Card 2
Front
CJEU: a total ban is a quantitative restriction under Art 34 TFEU
Back
R v Henn and Darby (1980)
Card 3
Front
MEQR’s= all trading rules enacted by MSs which are capable of hindering, directly or indirectly, actually or potentially, intra-EU trade
Back
Card 4
Front
MSs may not promote national products where this involves discrim’n against imports- CJEU: if a measure is capable of restricting imports, it is illegal under art 34 TFEU
Back
Card 5
Front
There is no valid reason why goods which have been lawfully produced and marketed in one MS should not be intro’d into any other MS – mutual recognition; obstacles to movement only acceptable if nec to satisfy mandatory reqt’s relating to
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