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Summary Stappenplan vanaf free movements of good tot aan state aid (ENGELS) incl. case law. FM goods, persons, services, capital, cartels, state aid

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Each page contains the full roadmap to elaborate a case study, including the case law paragraphs associated with each step. Vrij verkeer van goederen fiscale en regelgeving, vrije verkeer van personen, vrije verkeer van diensten, vrij verkeer van kapitaal, kartels, staatssteun

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Free movement of goods Fiscal barriers
Pre-test

1. Is there a cross-border element?

2. Is a measure from a member state?

3. Is there harmonization?

4. Which freedom? Goods -> defined in art treasures paragraph 1

Test

5. Is it a regulatory or a fiscal barrier? Fiscal

6. Customs/CEE or discriminatory/protectionist internal tax?



art. 30 TFEU art. 110 TFEU


2 implied exceptions Similar or competing?

Bauhuis Statiscal levy P1 P2
P. 15
pursuant to a measure of EU law fees for specific services
does not exceed the actual cost rendered to individ. traders


Dark tobacco Beer & Wine
p23-24 Dried bananas
p12,13
- Similar characteristics 1. Substitution?
- meet the same needs 2. Protectionist?



Exceptions
Differentiation is allowed If you have a
objective criterium (nat. sweet wine p
6,9,10) and in the pursuance of objective
which are compatible with eu law
(Outokumpu p30).

Connected book
 image
Robert Schütze European Union Law
Publisher: april 2015 ISBN: 9781107416536 Edition: 1

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