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Summary European law IBM1: The basic freedoms

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This is an explanation of the powerpoint. The powerpoint only has key words. Here I explain every key word and every concept.

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International law & European law – European law: The
basic freedoms
The basic freedoms
The basic freedoms
 The Free Movements of Goods, Art. 34 – 37 TFEU
 The Free Movements of Workers, Art. 45 – 48 TFEU
 The Freedom to Provide Services, Art. 56 – 52 TFEU
 The Freedom of Establishment, Art. 49 – 55 TFEU
 The Freedom of Capital and Payments, Art. 63 – 66 TFEU
o Designed to establish the Internal Market, Art. 26 (2) TFEU
 up summing of all the basic freedoms we are going to look at.
 they are designed to establish the internal market.

The Free Movements of Goods, Art. 34 – 37 TFEU
These articles aim to eliminate barriers to trade within the EU internal market
by prohibiting restrictions between member states
*Article 34: prohibits quantitative restrictions (like quotas) and measures having
equivalent effect in imports between member states
*Article 35: prohibits the same for export
*Article 36: allows exceptions to protect things like public morality, security,
health, etc.
*Article 37: requires member states to adjust state monopolies that restrict
 Structure developed by the courts from the 1970’s to the 1990’s and
subsequently applied to the other basic freedoms
o The court of justice of the EU played a crucial role in interpreting
what counts as a ‘measure having equivalent effect.
 This structure influenced other EU freedoms
 leading cases:
o Dassonville (case 8/74)

- Belgian law required proof of origin for imported goods
 CJEU ruled that all trading rules that could hinder trade are measures
equivalent to quantitative restrictions under Article 34*
(this rule hindered trade, so was overruled by the CJEU)

o Cassis de Dijon (case 120/78)
- A German law banned import of a French fruit liqueur because alcohol content
rules
 CJEU said: IF the goods are lawfully produced and sold in one member
state, they should be allowed in others (“mutual recognition”)
 this created the rule of reason: a balancing test between free trade and
o Keck (case C-267 and 268/91)
Facts: Keck was brought to trial in France because he was selling product at a
lower price than their initial purchase price.  this was not allowed according to
French law
this was to prevent unfair competition

,  Find cases at EUR-Lex

Free movement of goods
Trade obstacles
Customs




 EU member states cannot charge customs duties or similar charges on
goods traded between them
Quantitative restrictions




 EU member states are not allowed to restrict imports from each other –
either by setting limits or by using measures that have the same effect as
restrictions.
Measure having equivalent effect




 EU member states are not allowed to restrict imports from each other –
either by setting limits or by using measures that have the same effect as
restrictions.

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