Free Movement of Goods
Free Movement of Goods in a Nutshell
Article 34 TFEU – Prohibition
‘Quantitative restrictions (QR) on imports and all measures having equivalent effect
(MEQR) shall be prohibited between Member States’.
Trade quotas.
Tariffs.
Personal Scope – Articles 34-35 TFEU
Vertical direct effect.
Member States – broad conception to encompass state or quasi-state bodies.
But no horizontal effect.
No liability to private parties.
Objective Scope – What is a ‘Good’?
C-7/68 Commission v Italy [1968].
Can an art treasure be considered to be a good?
‘Products which can be valued in money and which are capable as such, of
forming the subject of commercial transactions’.
Electricity is also a good, for example.
, Objective Scope – What is a Measure?
National legislative and judicial acts + administrative acts and practices when
showing a certain degree of consistency and generality.
Case 21/84 Commission v France.
Franking machines.
Not only legally binding acts: also practices ‘capable of influencing the conduct of
traders and consumers’.
Case 249/81 Commission v Ireland.
Public campaign asking to buy only Irish products.
Was this a state measure?
The state was appointing some members of this board, was
giving some subsidy to this campaign, along with private
bodies.
o The state generally had some involvement.
Court held – this is a state measure, under the free movement
of goods.
o This behaviour is capable of influencing the conduct of
traders and consumers.
C-470/03 A.G.M.-C.O.S.MET, Whistleblower.
A Finnish minister was giving an interview.
Issue of free movement of goods.
Made a statement about a company that made lifts, several
that were defected.
Violation of free movement of goods?
Court held if you make a statement that the addressees are
reasonable to assume that what you make in your press and
official authority, that can also be covered by the provision.
Measures are not just law –campaigns or public statements can also be
covered.
State inaction to prevent individuals’ action which obstruct the free movement of
goods.
Case C-265/95 Commission v France.
French farmers who didn’t want strawberries from Spain and
tomatoes from Belgium, were blocking the movement of trucks to the
storage places, and blocking streets.
Mass disruption in terms of the supply of strawberries and
tomatoes.
French government did not take action to prohibit this disturbance
from happening.
Private conduct and state inaction to prevent the obstacle to free
movement of goods.
Free Movement of Goods in a Nutshell
Article 34 TFEU – Prohibition
‘Quantitative restrictions (QR) on imports and all measures having equivalent effect
(MEQR) shall be prohibited between Member States’.
Trade quotas.
Tariffs.
Personal Scope – Articles 34-35 TFEU
Vertical direct effect.
Member States – broad conception to encompass state or quasi-state bodies.
But no horizontal effect.
No liability to private parties.
Objective Scope – What is a ‘Good’?
C-7/68 Commission v Italy [1968].
Can an art treasure be considered to be a good?
‘Products which can be valued in money and which are capable as such, of
forming the subject of commercial transactions’.
Electricity is also a good, for example.
, Objective Scope – What is a Measure?
National legislative and judicial acts + administrative acts and practices when
showing a certain degree of consistency and generality.
Case 21/84 Commission v France.
Franking machines.
Not only legally binding acts: also practices ‘capable of influencing the conduct of
traders and consumers’.
Case 249/81 Commission v Ireland.
Public campaign asking to buy only Irish products.
Was this a state measure?
The state was appointing some members of this board, was
giving some subsidy to this campaign, along with private
bodies.
o The state generally had some involvement.
Court held – this is a state measure, under the free movement
of goods.
o This behaviour is capable of influencing the conduct of
traders and consumers.
C-470/03 A.G.M.-C.O.S.MET, Whistleblower.
A Finnish minister was giving an interview.
Issue of free movement of goods.
Made a statement about a company that made lifts, several
that were defected.
Violation of free movement of goods?
Court held if you make a statement that the addressees are
reasonable to assume that what you make in your press and
official authority, that can also be covered by the provision.
Measures are not just law –campaigns or public statements can also be
covered.
State inaction to prevent individuals’ action which obstruct the free movement of
goods.
Case C-265/95 Commission v France.
French farmers who didn’t want strawberries from Spain and
tomatoes from Belgium, were blocking the movement of trucks to the
storage places, and blocking streets.
Mass disruption in terms of the supply of strawberries and
tomatoes.
French government did not take action to prohibit this disturbance
from happening.
Private conduct and state inaction to prevent the obstacle to free
movement of goods.
