EU Business Law PDF

**EU BUSINESS LAW** **Stages of economic intergation** 1. **Free Trade Area** - States agree to **remove all customs duties and quotas on trade passing between them.** - **Quotas** -- numerical limits on the amount of X you can import/export - **Customs Duties** -- additional cha...

**EU BUSINESS LAW** **Stages of economic intergation** 1. **Free Trade Area** - States agree to **remove all customs duties and quotas on trade passing between them.** - **Quotas** -- numerical limits on the amount of X you can import/export - **Customs Duties** -- additional charges on imports/exports by nature of crossing a border 2. **Customs Union** - Tariffs and quotas are removed from between members AND - States apply a ***common external tariff* to goods entering the Customs Union** - No matter what state you import into, same tariffs. - Follows on from free trade area, as avoids race to the bottom on tariffs/quotas 3. **Common Market** - Free movement of **goods and services** - Free movement of **labour, capital, and enterprise** (factors of production) - Aim is [optimal allocation of resources and efficient production] (Ricardo's theory of Comparative Advantage) - EU's four freedoms of goods, capital, services, people 4. **Economic Union** - Common Market and Customs Union - Previous two stages combined 5. **Economic and Monetary Union** - Complete Unification of Common and Monetary Policy - Common currency - Complete unification of monetary and fiscal policy - Eurozone, but not quite at full unification of fiscal policy ***Methods of market integration*** - **Negative Integration** -- removing barriers - **Positive Integration** -- creating new rules and institutions A. **Host Country Control** - Rules of the country **where the economic activity takes place apply** - Usual model of economic interactions between states - Eg. Local goods standards - Eg. Local worker regulations - EU internal market has gone beyond this, and includes some rules on non-discrimination B. **Harmonised Model** - **One set of rules for the whole economic market** - Set at a central point - All products/services must comply with these rules, but **can then be freely sold in the entire union (full harmonization)** - EU does harmonise, but Member States retain some discretion (minimum harmonization) - Eg. Minimum product standards set by the EU C. **Home Country Control** - Rules that apply are the rules of the country **where a product is *produced*** [not where it is sold] - Produced in country A, sold in country B, A's rules apply - Worker from C moves to country D, C's rules apply - Requires an extensive amount of **mutual trust** - EU does not have absolute trust -- exceptions exist that allow the host country to deny even where mutual recognition exists consequences - Sovereignty -- who has control? - Institutional Consequences -- who makes the rules? - Welfare considerations -- which rules best protect the people? - Democratic Concerns -- how can we democratically decide the rules? - Specialisation - optimal allocation of resources - Interdependence -- countries' economies become reliant upon one another - Common institutions -- markets require rules, and thus institutions to democratically create them +-----------------+-----------------+-----------------+-----------------+ | **Development | - Original | - Common | - Single | | of the Internal | goals is to | Market | European | | Market** | create | greatly | Act (1987) | | | economic | expanded by | | | | interdepend | the Court | - Internal | | | ence | | market - | | | to cement | - Moved much | 'an area | | | peace | more | without | | | | towards the | internal | | | - 'Common | **home | frontiers | | | Market' -- | country | in which | | | 1957 | model** | the free | | | onwards | | movement of | | | | - Commission | goods, | | | - Markets | pushed | persons, | | | opened, but | acceptance | services | | | in a | of the | and capital | | | controlled | Court's | is ensured' | | | fashion, | progress, | | | | number of | in the face | - QMV | | | exceptions | of Member | replaced | | | | State | unanimity | | | - 'Harmonised | resistance | in single | | | Model' -- | | market | | | full | - In the 80s | legislation | | | harmonisati | more | | | | on, | centre-righ | - Much easier | | | eg. | t | to | | | Chocolate | European | harmonize | | | Directive | governments | | | | | pushed for | | | | - Issue- or | greater | | | | sector-spec | liberalisat | | | | ific | ion | | | | initiatives | | | +=================+=================+=================+=================+ | | - No need for | *[Advantages:]{ | *[Disadvantages | | | the EU to |.underline}* | :]* | | | legislate | | | | | where | - Realistic, | - Incomplete, | | | mutual | abandoned | national | | | recognition | goal of | governments | | | exists (see | complete | remain | | | home | harmonizati | guardians | | | country | on | | | | control) | | - But also | | | | - Workable, | loss of | | | - Exceptions | functional, | control by | | | still exist | and | national | | | for Member | developing | governments | | | States | | | | | | | - Regulatory | | | - Harmonisati | | Competition | | | on | | | | | focused on | | | | | instances | | | | | where | | | | | national | | | | | rules | | | | | survive | | | | | application | | | | | of the | | | | | Treaty the | | | | | Court | | | +-----------------+-----------------+-----------------+-----------------+ | **Eurozone** | - 20 Member | | | | | States | | | | | participate | | | | | in Monetary | | | | | Union | | | | | | | | | | - Expanded | | | | | since | | | | | founding 11 | | | | | in 1999 | | | | | | | | | | - Common | | | | | monetary | | | | | policy | | | +-----------------+-----------------+-----------------+-----------------+ | ***Market*** | **Art. 26 | **= an area | | | | TFEU** | without | | | | | internal | | | | | frontiers in | | | | | which the free | | | | | movement of | | | | | goods, persons, | | | | | services and | | | | | capital** | | +-----------------+-----------------+-----------------+-----------------+ | | - 1.   The | - Ongoing | | | | Union shall | obligation | | | | **adopt | and task, | | | | measures | not to be | | | | with the | 'completed' | | | | aim of | at any | | | | establishin | point | | | | g | | | | | or ensuring | - Gives power | | | | the | to | | | | functioning | legislate | | | | of the | | | | | internal | | | | | market**, | | | | | in | | | | | accordance | | | | | with the | | | | | relevant | | | | | provisions | | | | | of the | | | | | Treaties. | | | +-----------------+-----------------+-----------------+-----------------+ | | - 2.   The | - Defines the | | | | internal | internal | | | | market | market | | | | shall | | | | | comprise | - Area | | | | **an area | without | | | | without | 'internal | | | | internal | frontiers' | | | | frontiers | is simple | | | | in which | enough | | | | the free | | | | | movement of | - 'Free | | | | goods, | movement of | | | | persons, | goods, | | | | services | persons, | | | | and | services | | | | capital** | and | | | | is ensured | capital' is | | | | in | trickier | | | | accordance | | | | | with the | | | | | provisions | | | | | of the | | | | | Treaties. | | | +-----------------+-----------------+-----------------+-----------------+ | **Four freedoms | | | | | of the EU** | | | | +-----------------+-----------------+-----------------+-----------------+ | 1. **Free | - Goods can | | | | movement of | move around | | | | goods** | the EU | | | | | without | | | | | barriers | | | | | | | | | | - No custom | | | | | duties on | | | | | the border | | | | | | | | | | - No unfair | | | | | taxation | | | | | | | | | | - No quotas | | | | | | | | | | - No | | | | | restriction | | | | | s | | | | | on size, | | | | | shape, | | | | | packaging | | | | | etc | | | | | | | | | | - Basically, | | | | | no | | | | | restriction | | | | | s | | | | | within the | | | | | EU [without | | | | | a good | | | | | reason]{.un | | | | | derline} | | | +-----------------+-----------------+-----------------+-----------------+ | 2. **Free | - Began by | | | | movement of | focusing on | | | | people | the free | | | | (workers)** | movement of | | | | | workers, | | | | | over time | | | | | developed | | | | | into | | | | | broader | | | | | citizenship | | | | | | | | | | - EU citizens | | | | | can easily | | | | | go from one | | | | | EU country | | | | | to another | | | | | for family, | | | | | study or | | | | | work | | | | | purposes | | | | | | | | | | - EU citizens | | | | | do not need | | | | | a visa to | | | | | relocate to | | | | | another EU | | | | | Member | | | | | State | | | | | | | | | | - Entitled to | | | | | treatment | | | | | under | | | | | similar | | | | | conditions | | | +-----------------+-----------------+-----------------+-----------------+ | 3. **Free | - One company | | | | movement of | registered | | | | services | in the EU | | | | and right | Member | | | | of | State can | | | | establishme | provide | | | | nt** | services in | | | | | another EU | | | | | Member | | | | | States | | | | | without | | | | | arranging | | | | | additional | | | | | permissions | | | | | | | | | | - People can | | | | | move for | | | | | the purpose | | | | | of | | | | | providing | | | | | services | | | | | | | | | | - A company | | | | | or a | | | | | self-employ | | | | | ed | | | | | person can | | | | | fully move | | | | | their | | | | | business to | | | | | another EU | | | | | Member | | | | | State | | | | | (right of | | | | | establishme | | | | | nt) | | | +-----------------+-----------------+-----------------+-----------------+ | 4. **Free | - Prohibits | | | | movement of | all | | | | capital** | restriction | | | | | s | | | | | on the | | | | | movement of | | | | | capital and | | | | | payments | | | | | between | | | | | Member | | | | | States, as | | | | | well as | | | | | between | | | | | Member | | | | | States and | | | | | third | | | | | countries | | | | | | | | | | - Free | | | | | movement of | | | | | money | | | | | | | | | | - Eurozone | | | +-----------------+-----------------+-----------------+-----------------+ | Regulated by | - Power to | | | | art. **114 | regulate | | | | TFEU** | the | | | | | function of | | | | | the | | | | | internal | | | | | market | | | | | | | | | | - Harmonise | | | | | regulations | | | | | | | | | | - Different | | | | | types of | | | | | instrument | | | | | | | | | | - Most | | | | | commonly-us | | | | | ed | | | | | legal | | | | | basis, yet | | | | | residual | | | | | (save where | | | | | otherwise | | | | | provided) | | | | | | | | | | - Very broad | | | | | | | | | | - But not | | | | | fiscal | | | | | provisions | | | | | or workers | | | | | rights | | | +-----------------+-----------------+-----------------+-----------------+ | ***Tobacco | - Not a | - Developed | | | Advertising* | general | further in | | | *I*** | power to | cases such | | | | regulate | as *ENISA* | | | | economy | and | | | | | *Swedish | | | | - Must be to | Match* | | | | establish | | | | | the | | | | | internal | | | | | market or | | | | | improve its | | | | | functioning | | | | | | | | | | - Measure | | | | | must | | | | | eliminate | | | | | obstacles | | | | | to trade or | | | | | deal with | | | | | appreciable | | | | | distortions | | | | | of | | | | | competition | | | | | | | | | | - Usage must | | | | | be | | | | | connected | | | | | to national | | | | | laws | | | +-----------------+-----------------+-----------------+-----------------+ | ***Consumers*** | | - 'In order | - Rarely used | | | | to promote | compared to | | | | the | Article 114 | | | | interests | TEU | | | | of | | | | | consumers | - supporting | | | | and to | competence | | | | ensure a | nature | | | | high level | | | | | of consumer | | | | | protection, | | | | | the Union | | | | | shall | | | | | contribute | | | | | to | | | | | protecting | | | | | the health, | | | | | safety and | | | | | economic | | | | | interests | | | | | of | | | | | consumers, | | | | | as well as | | | | | to | | | | | promoting | | | | | their right | | | | | to | | | | | information | | | | | , | | | | | education | | | | | and to | | | | | organise | | | | | themselves | | | | | in order to | | | | | safeguard | | | | | their | | | | | interests.' | | +-----------------+-----------------+-----------------+-----------------+ | | = 'Market | - Natural | | | | Citizens' -- | friction | | | | those who | between | | | | engage in | free | | | | economic | movement | | | | activity | and | | | | | consumer | | | | - Market | protection | | | | values | | | | | potentially | - National | | | | prioritised | consumer | | | | over other | rules can | | | | values | impede free | | | | | movement | | | | - Number of | and be | | | | cases in | subject to | | | | which | harmonizati | | | | market | on | | | | freedoms | | | | | clash with | - Multiple | | | | other | examples | | | | social | relating to | | | | values | cherished | | | | | national | | | | | products | | | | | (most | | | | | notably the | | | | | Beer Purity | | | | | Law) | | +-----------------+-----------------+-----------------+-----------------+ +-----------------+-----------------+-----------------+-----------------+ | **Free movement | | | | | of goods** | | | | +=================+=================+=================+=================+ | **Fiscal | | | | | barriers to | | | | | trade** | | | | +-----------------+-----------------+-----------------+-----------------+ | **Customs | | | | | duties** | | | | +-----------------+-----------------+-----------------+-----------------+ | **Art. 30 | Customs duties | **Two | - 1\. **Custo | | TFEU** | on imports and | prohibitions:** | ms | | | exports and | | duties** - | | | charges having | | A | | | equivalent | | tax payable | | | effect shall be | | to customs | | | prohibited | | when | | | between Member | | importing o | | | States. This | | r | | | prohibition | | exporting | | | shall also | | goods. | | | apply to | | | | | customs duties | | - 2\. **Charg | | | of a fiscal | | es | | | nature." | | having | | | | | effects | | | | | equivalent | | | | | to | | | | | customs | | | | | duties | | | | | (CEE).** | +-----------------+-----------------+-----------------+-----------------+ | | Effect not | - No matter | Case 7/68, | | | purpose | what the | *Commission v | | | | purpose of | Italy -* (tax | | | | the levy, | on export of | | | | caught by | artistic, | | | | Article 30 | historical, and | | | | anyway | archaeological | | | | | items to | | | | | protect | | | | | artistic | | | | | heritage) | +-----------------+-----------------+-----------------+-----------------+ | **Charges | **Any pecuniary | Source: | - In | | having effects | charge, however | *Commission v. | *Diamantarb | | equivalent to | small** and | Italy*, Case | eiders*, | | customs duties | **whatever its | 24/68, para. 9. | the CJEU | | (CEE).** | designation and | | struck down | | | mode of | | a Belgian | | | application**, | | charge | | | which is | | imposed on | | | imposed | | imported | | | unilaterally on | | diamonds to | | | domestic and | | be paid | | | foreign goods | | into a | | | by reason of | | social fund | | | the fact that | | for | | | they cross a | | workers. | | | frontier | | | | | \[...\] | | - Emphasis | | | constitute a | | again on | | | CEE \[...\] | | the effects | | | even if it is | | rather than | | | not imposed for | | on the | | | the benefit of | | purpose. | | | the State, is | | | | | not | | | | | discriminatory | | | | | or protective | | | | | in effect." | | | +-----------------+-----------------+-----------------+-----------------+ | | **No minimum | **The form does | **Cross-border | | | threshold** | not matter** | element** | | | | | | | | - **However | - **Whatever | - **It | | | small**: | its | applies to | | | charges of | designation | internal | | | a | and form of | borders | | | negligible | application | too.** | | | amount are | **. | | | | also | Example: | - In | | | prohibited | the costs | *Legros*, | | | -- '**any | of health | the CJEU | | | pecuniary | inspections | struck down | | | charge'** | cannot be | a charge | | | | charged to | applicable | | | | the | to goods | | | | importer. | imported to | | | | | Réunion | | | | - *Bresciani* | (French | | | | , | overseas | | | | Case 87/75. | territory). | | | | | | | | | | - **Local | | | | | governments | | | | | cannot | | | | | impose CEE | | | | | either.** | +-----------------+-----------------+-----------------+-----------------+ | **Direct effect | - *Van Gend | | | | of art. 30** | en Loos*. | | | +-----------------+-----------------+-----------------+-----------------+ | **Restitutionar | - Traders can | - *Administra | | | y | [claim back | zione | | | claims** | charges | delle | | | | unlawfully | Finanze | | | | paid,]{.und | dello Stato | | | | erline} | v San | | | | **unless | Giorgio*, | | | | the costs | Case | | | | have been | 199/82. | | | | passed onto | | | | | third | | | | | parties.** | | | +-----------------+-----------------+-----------------+-----------------+ | **Permissible | 1. If the | 2. If it | 3. It is | | charges** | charge is | constitutes | **imposed | | | **applied | **the | by Union | | | systematica | payment for | law.** | | | lly | a service | | | | and to both | and is | | | | national | proportiona | | | | and foreign | te | | | | products;** | to the | | | | | costs of | | | | | the | | | | | service;** | | +-----------------+-----------------+-----------------+-----------------+ | | - Source: | - *Commission | | | | *Commission | v | | | | v. | Netherlands | | | | Germany*, | ,* | | | | Case 18/87 | Case | | | | -- fees on | 89/76 - | | | | live animal | checks | | | | import to | pursuant to | | | | cover | mandatory | | | | inspections | obligations | | | | required by | imposed by | | | | EU Law | internation | | | | | al | | | | | conventions | | | | | to which | | | | | all Member | | | | | States are | | | | | party and | | | | | treated in | | | | | the same | | | | | way. | | +-----------------+-----------------+-----------------+-----------------+ | Substantive | - Significant | - High | \- strong | | importance of | to the | importance | anti-fraud | | art. 30 | basics of | then on | initiatives | | | free trade | external | | | | | customs | \- unified | | | | control -- | approach to | | | | once goods | external | | | | are inside | customs and | | | | the EU, no | cooperation | | | | checks and | | | | | controls | | +-----------------+-----------------+-----------------+-----------------+ +-----------------+-----------------+-----------------+-----------------+ | **Taxation** | | | | +=================+=================+=================+=================+ | **Art. 110 | 1. No Member | 2. Furthermore | | | TFEU** | State shall | , | | | | impose, | no Member | | | | directly or | State shall | | | | indirectly, | impose on | | | | on the | the | | | | products of | products of | | | | other | other | | | | Member | Member | | | | States any | States any | | | | internal | internal | | | | taxation of | taxation of | | | | any kind in | such a | | | | excess of | nature as | | | | that | to afford | | | | imposed | indirect | | | | directly or | protection | | | | indirectly | to other | | | | on similar | products. | | | | domestic | | | | | products. | | | +-----------------+-----------------+-----------------+-----------------+ | | Art. 110 (1) | Art. 110(2) | | | | **direct and | **taxation on | | | | indirect | products in | | | | discriminatory | competition | | | | taxation | with one | | | | between similar | another, where | | | | products** | differential | | | | | taxation | | | | | provides | | | | | indirect | | | | | protection to | | | | | national | | | | | products** | | +-----------------+-----------------+-----------------+-----------------+ | **General rules | - taxation | | | | on taxation** | falls | | | | | outside the | | | | | scope of EU | | | | | law | | | | | | | | | | - Internal | | | | | market law | | | | | does not | | | | | provide for | | | | | any | | | | | specific | | | | | tax regime | | | +-----------------+-----------------+-----------------+-----------------+ | **Art. 110 | - both | Similar product | | | (1)** | **direct | ? | | | | and | | | | | indirect | = case-by-case | | | | discriminat | assessment by | | | | ion** | looking at the | | | | between | characteristics | | | | **similar | of two | | | | products**. | products. | | +-----------------+-----------------+-----------------+-----------------+ | | Examples of | **Direct | **Indirect | | | direct and | Discrimination* | Discrimination* | | | indirect | * | * | | | discrimination | | | | | between similar | A law or policy | A law or policy | | | products | explicitly | applies equally | | | | favors one | to all products | | | | product over | but has a | | | | another based | greater | | | | on its origin | negative impact | | | | or | on certain | | | | manufacturer.\ | products.\ | | | | **Example**:\ | **Example**:\ | | | | A country | A country | | | | imposes a | introduces a | | | | higher import | new regulation | | | | tax on French | that requires | | | | wine compared | all bottled | | | | to domestic | beverages to | | | | wine. This is | use a specific | | | | direct | type of | | | | discrimination | packaging. | | | | because it | While this rule | | | | clearly treats | applies to all | | | | French wine | beverages, it | | | | less favorably | is much harder | | | | just because of | for foreign | | | | where it\'s | wine producers | | | | made. | (who use | | | | | different | | | | | packaging | | | | | standards) to | | | | | comply. This | | | | | disadvantages | | | | | foreign wines | | | | | indirectly, | | | | | even though the | | | | | law does not | | | | | explicitly | | | | | target them. | +-----------------+-----------------+-----------------+-----------------+ | | **Case 184/85 | - Consumption | - Are bananas | | | *Commission* v | tax on | similar to | | | *Italy*** | bananas, | these other | | | | but not | fruits? | | | | other fruit | | | | | | - Looked at | | | | - Italy | sensory | | | | didn't | experience | | | | produce | and whether | | | | bananas | they could | | | | | satisfy the | | | | - Did produce | same | | | | apples, | consumer | | | | pears, | need | | | | peaches, | | | | | plums, | - Answer was | | | | oranges | no they are | | | | | not similar | +-----------------+-----------------+-----------------+-----------------+ | | **Case 243/84 | Whisky and | | | | *John Walker*** | liqueur | | +-----------------+-----------------+-----------------+-----------------+ | | **Direct | **= on grounds | | | | discrimination* | of | | | | * | nationality** | | +-----------------+-----------------+-----------------+-----------------+ | | **Payment of | - Domestic | | | | taxes** | and foreign | | | | | products | | | | | should also | | | | | be treated | | | | | equally | | | | | when it | | | | | comes to | | | | | payment of | | | | | taxes | | +-----------------+-----------------+-----------------+-----------------+ | | **Indirect | = **different | | | | discrimination* | products** that | | | | * | are none the | | | | | less in | | | | | **competition | | | | | with each | | | | | other,** as | | | | | revealed by the | | | | | cross-elasticit | | | | | y | | | | | of the demand. | | +-----------------+-----------------+-----------------+-----------------+ | | Are the | **Art. 110(1)** | | | | products | | | | | similar ? | | | +-----------------+-----------------+-----------------+-----------------+ | | If different, | **Art. 110(2)** | | | | are they in | | | | | competition | | | | | with one | | | | | another? | | | | | | | | | | **I**f in | | | | | competition, | | | | | does taxation | | | | | cause indirect | | | | | protection | | | +-----------------+-----------------+-----------------+-----------------+ | | ***Commission | - British law | - CJEU found | | | v. UK (beer and | taxed wine | that beer | | | wine)*** | higher than | and (cheap) | | | | beer. | wine were | | | | | in | | | | - Commission | competition | | | | argued it | with each | | | | was an | other | | | | indirect | (Article | | | | discriminat | 110(2) | | | | ion | TFEU) and | | | | under | ordered the | | | | Article | UK to | | | | 110(1) | approximate | | | | TFEU. | the | | | | | taxation of | | | | | these two | | | | | products. | +-----------------+-----------------+-----------------+-----------------+ | | **In | - Case-by-cas | | | | competition ?** | e | | | | | | | | | | - Product | | | | | substitutab | | | | | ility | | | | | is | | | | | significant | | | | | | | | | | - Consumer | | | | | products | | | | | are not | | | | | immutable - | | | | | if taxation | | | | | places them | | | | | in | | | | | different | | | | | categories | | | | | for | | | | | consumers, | | | | | this | | | | | reduces | | | | | substitutab | | | | | ility | | +-----------------+-----------------+-----------------+-----------------+ | | **Protective | - To what | | | | effect ?** | extent does | | | | | the tax | | | | | differentia | | | | | l | | | | | affect | | | | | sales? | | | | | | | | | | - Fine-tuned | | | | | analysis | | | | | required | | | | | | | | | | - Cross-elast | | | | | icity + | | | | | level of | | | | | tax | | | | | differentia | | | | | l | | | | | compared to | | | | | final price | | +-----------------+-----------------+-----------------+-----------------+ | **Member State | MSs are allowed | They are still | | | Autonomy** | to set their | bound by rules | | | | own tax rates, | on free | | | | BUT | movement of | | | | | goods | | +-----------------+-----------------+-----------------+-----------------+ | | | | | +-----------------+-----------------+-----------------+-----------------+ | **Justification | **Direct | **Indirect | | | s | discrimination | discrimination* | | | under Article | - cannot be | * | | | 110** | justified** | - can | | | | | potentially be | | | | | justified for | | | | | **policy | | | | | reasons** | | +-----------------+-----------------+-----------------+-----------------+ | **examples** | - Case 140/79 | - Case | - Case | | | *Chemial | C-213/96 | C-132/98 | | | Farmaceuti | *Commission | *Commission | | | --* taxing | * | v Greece* | | | synthetic | v *France* | -- | | | alcohol | -- taxing | progressive | | | differently | sweet wine | ly | | | from | less than | higher | | | fermented | liqueur | taxes based | | | so as to | wines in | on cylinder | | | promote | order to | volumes for | | | agricultura | provide | environment | | | l | fiscal | al | | | fermentatio | incentives | reasons | | | n | for areas | | | | | in which it | | | | | was harder | | | | | to grow | | | | | wine | | +-----------------+-----------------+-----------------+-----------------+ | **Boundaries | - Levies | - What if a | | | between art. 30 | imposed on | state does | | | and 110** | importers | not produce | | | | for | a product | | | | non-customs | but taxes | | | | reasons -- | it | | | | Article 110 | nonetheless | | | | | - | | | | - *Denkavit | Article 110 | | | | --* annual | | | | | levy to | - *Co-Frutta | | | | meet cost | --* avoids | | | | of | auto-classi | | | | veterinary | fication | | | | inspections | as a CEE | | | | imposed at | but can be | | | | point of | | | | | import | | | +-----------------+-----------------+-----------------+-----------------+ | | | | | +-----------------+-----------------+-----------------+-----------------+ | **Art. 30** | **Customs | | | | | duties** | | | +-----------------+-----------------+-----------------+-----------------+ | **Art. 110** | **Internal | | | | | taxation** | | | +-----------------+-----------------+-----------------+-----------------+ | | **Art. 110(1)** | Direct and | | | | | indirect | | | | | discrimination | | | | | between similar | | | | | products. | | +-----------------+-----------------+-----------------+-----------------+ | | **Art. 110(2)** | Different | | | | | products, in | | | | | competition, | | | | | indirect | | | | | protection | | +-----------------+-----------------+-----------------+-----------------+ +-----------------+-----------------+-----------------+-----------------+ | **Non-fiscal | | | | | barriers to | | | | | trade** | | | | +=================+=================+=================+=================+ | **Art. 34** | Quantitative | **Two | 1. **Quantitat | | | restrictions on | prohibitions | ive | | | **imports** and | :** | restriction | | | all measures | | s** | | | having | | on | | | equivalent | | imports/exp | | | effect shall be | | orts | | | prohibited | | | | | between Member | | 2. **MEQRs** | | | States | | on | | | | | imports/exp | | | | | orts | +-----------------+-----------------+-----------------+-----------------+ | **Art. 35** | Quantitative | | | | | restrictions on | | | | | **exports** and | | | | | all measures | | | | | having | | | | | equivalent | | | | | effect shall be | | | | | prohibited | | | | | between Member | | | | | States | | | +-----------------+-----------------+-----------------+-----------------+ | **Quantitative | = measures | *Geddo*, para. | - **Quotas** | | restrictions** | which amount to | 7 | | | | a **total or | | - **Numerical | | | partial | | restriction | | | restraint of**, | | s** | | | according to | | | | | the | | - **Restraint | | | circumstances, | | of | | | **imports, | | imports** | | | exports or | | | | | goods in | | | | | transit** | | | +-----------------+-----------------+-----------------+-----------------+ | **MEQR | = All trading | *Dassonville*, | | | (measures | rules enacted | para. 5 | | | having | by the MS which | | | | equivalent | are capable of | | | | effect)** | **hindering, | | | | | directly or | | | | | indirectly, | | | | | actually or | | | | | potentially, | | | | | intra-EU | | | | | trade"** | | | +-----------------+-----------------+-----------------+-----------------+ | | **distinctly | = **do not** | - 'Buy | | | applicable | apply equally | national' | | | measures | to foreign and | campaigns, | | | (DAMs)** | domestic goods | even if | | | | | ineffective | | | | | : | | | | | see | | | | | *Commission | | | | | v. | | | | | Ireland | | | | | (Buy | | | | | Irish)*. | | | | | | | | | | - Certificate | | | | | of origins | | | | | (if | | | | | unrelated | | | | | to | | | | | quality): | | | | | *Commission | | | | | v. | | | | | Ireland | | | | | (Irish | | | | | souvenirs,* | | | | | Case | | | | | 113/80*)*. | +-----------------+-----------------+-----------------+-----------------+ | | | - **openly | **Example**: A | | | | discriminat | law that | | | | e** against | requires | | | | imported | imported goods | | | | goods. | to undergo | | | | | additional | | | | - They treat | inspections | | | | foreign | compared to | | | | (imported) | domestic goods. | | | | products | | | | | less | | | | | favorably | | | | | than | | | | | domestic | | | | | (local) | | | | | products. | | +-----------------+-----------------+-----------------+-----------------+ | | **indistinctly | = apply equally | - Rule | | | applicable | to all goods | requiring | | | measures | | saying | | | (IAMs)** | | liqueurs | | | | | had to have | | | | | at least | | | | | 25% alcohol | | | | | (*Cassis de | | | | | Dijon*) | | | | | | | | | | - All meat | | | | | manufacture | | | | | rs | | | | | prohibited | | | | | from | | | | | stocking | | | | | horse | | | | | (*Groenveld | | | | | *, | | | | | on Article | | | | | 35 and | | | | | exports) | | | | | | | | | | - Goods | | | | | bearing a | | | | | designation | | | | | of origin | | | | | required a | | | | | certificate | | | | | to import | | | | | (*Dassonvil | | | | | le*) | +-----------------+-----------------+-----------------+-----------------+ | | | measures | **Example**: A | | | | that **apply | regulation that | | | | equally** to | sets specific | | | | both domestic | packaging | | | | and imported | requirements | | | | goods but have | for all | | | | a | products sold | | | | disproportionat | in the country. | | | | e | While the rule | | | | effect on | applies equally | | | | imported | to domestic and | | | | products. | foreign goods, | | | | Although they | foreign | | | | don\'t openly | producers may | | | | target foreign | struggle more | | | | goods, they can | to comply, | | | | create a | effectively | | | | barrier to | making it | | | | trade in | harder for | | | | practice. | their products | | | | | to enter the | | | | | market. | +-----------------+-----------------+-----------------+-----------------+ | | ***Cassis de | - Question as | - **Indistinc | | | Dijon*: | to whether | tly | | | landmark case** | IAMs | applicable | | | | covered by | measures | | | | Article 34 | also caught | | | | | by Article | | | | | 34** | | | | | | | | | - Rule | - Principle | | | | requiring | of **mutual | | | | saying | recognition | | | | liqueurs | ** | | | | had to have | | | | | at least | - **Rule of | | | | 25% alcohol | Reason**: | | | | | States have | | | | | the right | | | | | to | | | | | regulate, | | | | | but ***only | | | | | in so far | | | | | as*** they | | | | | could be | | | | | justified | | | | | by a | | | | | **mandatory | | | | | requirement | | | | | ** | +-----------------+-----------------+-----------------+-----------------+ | | *Rau* | - Belgium | - Held as an | | | | imposed | MEQR | | | | rules | | | | | requiring | - Struck down | | | | margarine | as | | | | in | disproporti | | | | cubic-shape | onate. | | | | d | | | | | packages as | | | | | opposed to | | | | | parallel-pi | | | | | ped | | | | | packages to | | | | | distinguish | | | | | it from | | | | | butter. | | | | | | | | | | - Justificati | | | | | on: | | | | | consumer | | | | | protection. | | +-----------------+-----------------+-----------------+-----------------+ | **Selling | - *Torfaen* | | | | arrangements** | case on | | | | | Sunday | | | | **(Limits of | trading | | | | the scope of | | | | | art. 34 TFEU)** | - The Court | | | | | decided | | | | | that a | | | | | prohibition | | | | | to sell | | | | | products on | | | | | Sunday | | | | | violates | | | | | art. 34 | | | | | TFEU | | | +-----------------+-----------------+-----------------+-----------------+ | | - ***Keck*** | **Result of | - Measures | | | case | *Keck*** | related to | | | | | **product | | | New test: | - Several | itself fall | | | | different | under art. | | | Certain selling | types of | 34 TFEU** | | | arrangements do | measures | | | | not hinder | under | - Measured | | | intra-EU trade | considerati | related to | | | if: | on:**\ | '**selling | | | | - | arrangement | | | 1. **They | product-bou | s'** | | | apply to | nd | are less | | | all traders | measures** | restrictive | | | in national | ('product | , | | | territory.* | requirement | therefore | | | * | s') - | **ONLY if | | | | inherent | they affect | | | 2. **They | characteris | imports | | | affect | tics | differently | | | national | of a | 'in law or | | | and foreign | product | in fact'**, | | | products in | such as | they would | | | the same | designation | fall under | | | way, in law | , | art. 34 | | | *and* in | form, size, | TFEU | | | fact.** | weight, | | | | | composition | | | | | , | | | | | presentatio | | | | | n, | | | | | labelling | | | | | | | | | | | | | | | | | | | | - measures | | | | | relating to | | | | | '**certain | | | | | selling | | | | | arrangement | | | | | s'** | | +-----------------+-----------------+-----------------+-----------------+ | | **Different in | - *De | - *Gourmet | | | law or in | Agostini* | Internation | | | fact?** | -- ban on | al* | | | | advertising | -- ban on | | | | directed at | advertising | | | | children | of alcohol | | | | under 12 -- | on radio | | | | disproporti | and | | | | onately | television, | | | | affects | hinders | | | | non-domesti | market | | | | c | access | | | | sellers as | | | | | they lack | | | | | other | | | | | methods to | | | | | penetrate | | | | | the market | | | | | compared to | | | | | nationals. | | +-----------------+-----------------+-----------------+-----------------+ | | Examples of | | | | | selling | | | | | arrangements: | | | | | | | | | | - Restriction | | | | | s | | | | | on | | | | | [when]{.und | | | | | erline} | | | | | goods may | | | | | be sold | | | | | | | | | | - Restriction | | | | | s | | | | | on [where | | | | | or by | | | | | who]{.under | | | | | line}, | | | | | goods may | | | | | be sold | | | | | | | | | | - Advertising | | | | | restriction | | | | | s | | | | | etc | | | +-----------------+-----------------+-----------------+-----------------+ | **Product Use | - Rules on | - Case | | | Rules** | how a | *110/05 | | | | product may | Commission* | | | | be used in | v *Italy* | | | | later | | | | | jurispruden | | | | | ce | | | | | | - rules on | | | | - Can be | towing | | | | caught by | trailers | | | | Article 34 | and | | | | | motorcycles | | | | | | | | | | | | | | | | | | | | - Case | | | | | C-142/05 | | | | | *Mickelsson | | | | | and Roos* | | | | | | | | | | | | | | | | | | | | - where are | | | | | you allowed | | | | | to ride | | | | | jetskis? | | +-----------------+-----------------+-----------------+-----------------+ +-----------------+-----------------+-----------------+-----------------+ | **Ability of | | | | | MSs to | | | | | regulate** | | | | +=================+=================+=================+=================+ | Measure | **Justified** | - **public | - **public | | prohibited | on the grounds | morality, | morality** | | under art. 34 | of **Article 36 | public | - | | | TFEU** | policy or | *Henn & | | | | public | Darby* on | | | | security;** | pornography | | | | | , | | | | - **the | *Conegate* | | | | protection | on blow up | | | | of health | dolls | | | | and life of | | | | | humans, | - **public | | | | animals or | policy or | | | | plants;** | public | | | | | security** | | | | - **the | - | | | | protection | *Campus | | | | of national | Oil* on | | | | treasures | importance | | | | possessing | to maintain | | | | artistic, | own | | | | historic or | oil-refinin | | | | archaeologi | g | | | | cal | capacity | | | | value; or | | | | | the | - **the | | | | protection | protection | | | | of | of health | | | | industrial | and life of | | | | and | humans, | | | | commercial | animals or | | | | property.** | plants** - | | | | | *Sandoz* on | | | | | unhealthy | | | | | vitamins, | | | | | scientific | | | | | evidence | +-----------------+-----------------+-----------------+-----------------+ | | or '**mandatory | - **The | Example in | | | requirements'** | protection | German beer | | | developed in | of public | case | | | *Cassis de | health** | | | | Dijon* | | | | | | - **The | | | | | defence of | | | | | the | | | | | consumer** | | | | | | | | | | - **The | | | | | fairness of | | | | | commercial | | | | | transaction | | | | | s** | | | | | | | | | | - **Effective | | | | | ness | | | | | of fiscal | | | | | supervision | | | | | s** | | +-----------------+-----------------+-----------------+-----------------+ | | | **non-exhaustiv | Other current | | | | e | examples | | | | list** | include: | | | | (including but | | | | | not limited | - **Protectio | | | | to). | n | | | | | of the | | | | | environment | | | | | ** | | | | | (Case | | | | | 302-86 | | | | | *Commission | | | | | * | | | | | v | | | | | *Denmark*) | | | | | | | | | | - **Protectio | | | | | n | | | | | of | | | | | fundamental | | | | | rights** | | | | | (Case | | | | | C-112/00 | | | | | *Schmidberg | | | | | er*) | +-----------------+-----------------+-----------------+-----------------+ | | "**Rule of | A rule is | | | | reason**" as | permitted if: | | | | developed by | | | | | *Cassis de | - **no full | | | | Dij