SCHEME: QUANTITATIVE RESTRICITONS:
, ARTICLE 34 TFEU
Prohibits Quantitative Restrictions and Measures Having Equivalent Effect on imports
- Vertical direct effect: yes: CJEU Fra.bo
- Horizontal direct effect: NO: CJEU Sapod-Audic and Fra.bo
WHAT IS A QUANTITATIVE RESTRICTION?
- Measures which amount to a total or partial restraint of, according to the circumstances,
imports, exports or goods in transit (CJEU Geddo)
- A ban is the most extreme form of a Quantitative Restriction (CJEU Henn and Darby)
WHAT IS A MEE?
- Directive 70/50/EEC: provided to give indications on what constituted MEE’s in Articles 2-3
- ”all trading rules enacted by Member States which are capable of hindering, directly or
indirectly, actually or potentially, Intra-Community trade” (Dassonville)
o REQUIREMENTS:
1) Must be enacted by the State (NB CJEU Fra.bo)
CJEU Apple & Pear; CJEU Buy Irish; CJEU Pharmaceutical Society – see notes
2) Actually or Potentially affect Intra-Union trade
CJEU Commission v France (foie gras); CJEU Bluhme
3) Directly or Indirectly affect Intra-Union trade
CJEU Dassonville and article 2+3 of Directive 70/50
IS IT DISTINCLTY OR INDISTINCTLY APPLICABLE?
DISTINCTLY: INDISTINCTLY:
Examples: - Cassis de Dijon
-Imposing additional requirements on imported “Obstacles to movement within the Community
goods resulting from disparities between national laws
-Import & Export Restrictions including relating to the marketing of the products in
distribution (fe CJEU Dassonville) question must be accepted in so far as those
-Rules giving preference to national goods (fe provisions may be recognized as being necessary
CJEU Buy Irish in order to satisfy mandatory requirements
-Price Fixing?? taking away comp. advantage taking away comp. advantage relating in particular to the effectiveness of fiscal
(CJEU Van Tiggele)(but CSA/MEE?? taking away comp. advantage CJEU supervision, the protection of public health, the
Fachverband der Buch- und Medienwirtschaft fairness of commercial transactions and the
(LIBRO)) defense of the consumer (p.8)” “There is therefore
no valid reason why, provided that they have
been lawfully produced in one of the Member
States, alcoholic beverages should not be
introduced in another Member State (p. 14)”
JUSTIFICATIONS?
DISTINCTLY: INDISTINCLTY:
- Justifications are ONLY found under - Justifications possible under mandatory
Article 36 TFEU requirements (Cassis de Dijon) + Article
36 TFEU
, ARTICLE 34 TFEU
Prohibits Quantitative Restrictions and Measures Having Equivalent Effect on imports
- Vertical direct effect: yes: CJEU Fra.bo
- Horizontal direct effect: NO: CJEU Sapod-Audic and Fra.bo
WHAT IS A QUANTITATIVE RESTRICTION?
- Measures which amount to a total or partial restraint of, according to the circumstances,
imports, exports or goods in transit (CJEU Geddo)
- A ban is the most extreme form of a Quantitative Restriction (CJEU Henn and Darby)
WHAT IS A MEE?
- Directive 70/50/EEC: provided to give indications on what constituted MEE’s in Articles 2-3
- ”all trading rules enacted by Member States which are capable of hindering, directly or
indirectly, actually or potentially, Intra-Community trade” (Dassonville)
o REQUIREMENTS:
1) Must be enacted by the State (NB CJEU Fra.bo)
CJEU Apple & Pear; CJEU Buy Irish; CJEU Pharmaceutical Society – see notes
2) Actually or Potentially affect Intra-Union trade
CJEU Commission v France (foie gras); CJEU Bluhme
3) Directly or Indirectly affect Intra-Union trade
CJEU Dassonville and article 2+3 of Directive 70/50
IS IT DISTINCLTY OR INDISTINCTLY APPLICABLE?
DISTINCTLY: INDISTINCTLY:
Examples: - Cassis de Dijon
-Imposing additional requirements on imported “Obstacles to movement within the Community
goods resulting from disparities between national laws
-Import & Export Restrictions including relating to the marketing of the products in
distribution (fe CJEU Dassonville) question must be accepted in so far as those
-Rules giving preference to national goods (fe provisions may be recognized as being necessary
CJEU Buy Irish in order to satisfy mandatory requirements
-Price Fixing?? taking away comp. advantage taking away comp. advantage relating in particular to the effectiveness of fiscal
(CJEU Van Tiggele)(but CSA/MEE?? taking away comp. advantage CJEU supervision, the protection of public health, the
Fachverband der Buch- und Medienwirtschaft fairness of commercial transactions and the
(LIBRO)) defense of the consumer (p.8)” “There is therefore
no valid reason why, provided that they have
been lawfully produced in one of the Member
States, alcoholic beverages should not be
introduced in another Member State (p. 14)”
JUSTIFICATIONS?
DISTINCTLY: INDISTINCLTY:
- Justifications are ONLY found under - Justifications possible under mandatory
Article 36 TFEU requirements (Cassis de Dijon) + Article
36 TFEU
