GOODS
1. Cross-border element art 28 TFEU
2. Which Fundamental Freedom
a. Goods commission v Belgium: valued in money and subject of commercial
transaction
3. Which instrument: TFEU or harmonisation?
a. If harmonisation examine with regard to relevant directive/regulation.
b. If not, then TFEU
4. Tariff or non-tariff barrier?
i. Tariff barrier:
Art. 30 TFEU Prohibition of: customs duties + CEEs
Exceptions
- Consideration for services rendered
- Inspections required by EU law
Art. 110 TFEU Prohibition of:
- fiscal discrimination
- protection of own production
ii. non-tariff barrier:
Art. 34 TFEU: Prohibition of quantitative restrictions on imports & all measures having
equivalent effect (MEQRs)
Art. 35 TFEU: Prohibition of quantitative restrictions on exports & all measures having
equivalent effect (MEQRs)
5. Import (34 TFEU) or Export (35 TFEU)?
Import: Quantitative restriction or Measure Equivalent to Quantitative Restriction (MEQR)?
Quantitative restriction Geddo: measures which amount to a total or partial restraint of,
according to the circumstances, imports, exports or goods in transit.”
Measure having equivalent effect: national law or rule hindering trade between Member
States in some way (Dassonville).
Two types:
Directly discriminatory rules/distinctly applicable measures: rules which treat imported
products differently than domestic products (de iure)
Indirectly discriminatory rules: measures which apply to both imported products and
domestic products but which are capable of hindering trade between member states.
(de facto).
Limitation to the scope of indirectly discriminatory rules: Keck(§16) and Mickelsson
- Rules concerning product requirements are still measures having equivalent effect
- Rules concerning selling arrangements are NOT measures having equivalent effect
o All relevant traders
o No discrimination in law
o No discrimination in fact
- Mickelsson: All measures hindering access to the market of a Member State for
products from other Member States are measures having equivalent effect
Export: Quantitative restriction or Measure Equivalent to Quantitative Restriction (MEQR)?
Direct discrimination/distinctly applicable measure: rules which treat imported
products differently than domestic products (de iure)
Indirect discrimination/indistinctly applicable measure: Effect greater on goods leaving
national market than on goods sold on national market
6. Justifications (art. 36 TFEU and rule of reason)
Quantitative restriction: only art. 36 TFEU can apply
1. Cross-border element art 28 TFEU
2. Which Fundamental Freedom
a. Goods commission v Belgium: valued in money and subject of commercial
transaction
3. Which instrument: TFEU or harmonisation?
a. If harmonisation examine with regard to relevant directive/regulation.
b. If not, then TFEU
4. Tariff or non-tariff barrier?
i. Tariff barrier:
Art. 30 TFEU Prohibition of: customs duties + CEEs
Exceptions
- Consideration for services rendered
- Inspections required by EU law
Art. 110 TFEU Prohibition of:
- fiscal discrimination
- protection of own production
ii. non-tariff barrier:
Art. 34 TFEU: Prohibition of quantitative restrictions on imports & all measures having
equivalent effect (MEQRs)
Art. 35 TFEU: Prohibition of quantitative restrictions on exports & all measures having
equivalent effect (MEQRs)
5. Import (34 TFEU) or Export (35 TFEU)?
Import: Quantitative restriction or Measure Equivalent to Quantitative Restriction (MEQR)?
Quantitative restriction Geddo: measures which amount to a total or partial restraint of,
according to the circumstances, imports, exports or goods in transit.”
Measure having equivalent effect: national law or rule hindering trade between Member
States in some way (Dassonville).
Two types:
Directly discriminatory rules/distinctly applicable measures: rules which treat imported
products differently than domestic products (de iure)
Indirectly discriminatory rules: measures which apply to both imported products and
domestic products but which are capable of hindering trade between member states.
(de facto).
Limitation to the scope of indirectly discriminatory rules: Keck(§16) and Mickelsson
- Rules concerning product requirements are still measures having equivalent effect
- Rules concerning selling arrangements are NOT measures having equivalent effect
o All relevant traders
o No discrimination in law
o No discrimination in fact
- Mickelsson: All measures hindering access to the market of a Member State for
products from other Member States are measures having equivalent effect
Export: Quantitative restriction or Measure Equivalent to Quantitative Restriction (MEQR)?
Direct discrimination/distinctly applicable measure: rules which treat imported
products differently than domestic products (de iure)
Indirect discrimination/indistinctly applicable measure: Effect greater on goods leaving
national market than on goods sold on national market
6. Justifications (art. 36 TFEU and rule of reason)
Quantitative restriction: only art. 36 TFEU can apply
