FINANCIAL RESTRICTIONS (W1)
Financial restrictions
Goods? Art treasures
(transaction/valued in
money)
For imports and
For imports only (Co-
domestic products (Co-
Frutta) Frutta)
30 TFEU 110 TFEU
Com v It (stat levy):
definition CEE Based on objective
criteria (unrelated to
Diamantarbeids: effect origin)?
matters, not the purpose
YES (no doubt about
crtieriaon) De jure YES, de facto
Breach of Art. 30 TFEU Exceptions NO: based on origin
DOUBTS
rare!
When the charge is a
payment for a service When the charge is
payment for an inspection Direct discrimination Allowed Analyse 110 TFEU
rendered (given) to the
importer/exported. that is mandatory under EU
law.
Similar goods Goods in competition
Commission v. Belgium
Commission v. Germany Prohibited Economic use! (Johny Cross-elasticity (Com v
(warehousing) C-132/82:
(live animals) C-18/87. walker) UK: wine and beer)
Inspections mandated by
EU law must:
Specific and direct Indirect discrimination
Protective effect:
benefit actually can be justified. If NOT:
conferred equalise tax rates. prohibited
Not exceed the actual Be obligatory and In the general interest of Promote the free
costs of the inspections uniform the Union movement of good
Payment in proportion
to the service Criteria?
Duty to reimburse or
unlawful/breach
Inspections in the
general interest are not
a service rendered to the
importer
Criteria?
Duty to reimburse or
unlawful/breach
1
, QUANTITATIVE RESTRICTIONS (W2)
Goods?
Com v Italy/ Art treasures
Transaction/valued in money
Quantitative restrictions Financial restrictions (week 1)
34-36 TFEU 28-29 TFEU
National measure under 34 TFEU?
Measue adopted by State
(or quasi-governmental,
certification activiities or where MS
fails to take measures)
Yes, Art. 34TFEU is engaged No, art. 34 TFEU is nog engaged
Quantitative restriction (QR)
Geddo: measures which amount to Measure having equivalent effect
a total or partial restrain, according (MEQR) CSAs
to the circumstances, imports,
exports or goods in transit.
Dasonville criteria:
Breach 34 TFEU or: - all trading rules Dual-burden rules/ Product
Justified under 36 TFEU (NOT case - enacted by MS requirements --> IA MEQR under 34
law) - Actually or potentially TFEU
- Directly or indirectly
Indistinctly applicable rules Equal-burden rules/ Certain selling
Proportionate? Measure is suitable Non-discriminatory arrangements (CSA) --> Keck criteria
Distinctly applicable rules IAMEQR para 16: apply to all affected
& necessary, no less restrictive Cassis de Dijon Measures that hinder or inhibit
alternative to protect interest at DAMEQR market access traders/ affect in the same manner,
Dual burden in law & in fact Equal in law, dual burden in fact in law and in fact. --> No breach of
stake. Com v Italy: Trailers 34 TFEU, otherwise 34 TFEU is
Mutual recognition/rule of reason angaged.
Breach 34 TFEU or justification Breach 34 TFEU or justification
Breach 34 TFEU or justification
under 36 TFEU or Mandatory under 36 TFEU or Mandatory
under 36 TFEU requirements (Cassis de Dijon) requirements (Cassis de Dijon)
Proportionate? Measure is suitable Proportionate? Measure is suitable Proportionate? Measure is suitable
& necessary, no less restrictive & necessary, no less restrictive & necessary, no less restrictive
alternative to protect interest at alternative to protect interest at alternative to protect interest at
stake. stake. stake.
2
Financial restrictions
Goods? Art treasures
(transaction/valued in
money)
For imports and
For imports only (Co-
domestic products (Co-
Frutta) Frutta)
30 TFEU 110 TFEU
Com v It (stat levy):
definition CEE Based on objective
criteria (unrelated to
Diamantarbeids: effect origin)?
matters, not the purpose
YES (no doubt about
crtieriaon) De jure YES, de facto
Breach of Art. 30 TFEU Exceptions NO: based on origin
DOUBTS
rare!
When the charge is a
payment for a service When the charge is
payment for an inspection Direct discrimination Allowed Analyse 110 TFEU
rendered (given) to the
importer/exported. that is mandatory under EU
law.
Similar goods Goods in competition
Commission v. Belgium
Commission v. Germany Prohibited Economic use! (Johny Cross-elasticity (Com v
(warehousing) C-132/82:
(live animals) C-18/87. walker) UK: wine and beer)
Inspections mandated by
EU law must:
Specific and direct Indirect discrimination
Protective effect:
benefit actually can be justified. If NOT:
conferred equalise tax rates. prohibited
Not exceed the actual Be obligatory and In the general interest of Promote the free
costs of the inspections uniform the Union movement of good
Payment in proportion
to the service Criteria?
Duty to reimburse or
unlawful/breach
Inspections in the
general interest are not
a service rendered to the
importer
Criteria?
Duty to reimburse or
unlawful/breach
1
, QUANTITATIVE RESTRICTIONS (W2)
Goods?
Com v Italy/ Art treasures
Transaction/valued in money
Quantitative restrictions Financial restrictions (week 1)
34-36 TFEU 28-29 TFEU
National measure under 34 TFEU?
Measue adopted by State
(or quasi-governmental,
certification activiities or where MS
fails to take measures)
Yes, Art. 34TFEU is engaged No, art. 34 TFEU is nog engaged
Quantitative restriction (QR)
Geddo: measures which amount to Measure having equivalent effect
a total or partial restrain, according (MEQR) CSAs
to the circumstances, imports,
exports or goods in transit.
Dasonville criteria:
Breach 34 TFEU or: - all trading rules Dual-burden rules/ Product
Justified under 36 TFEU (NOT case - enacted by MS requirements --> IA MEQR under 34
law) - Actually or potentially TFEU
- Directly or indirectly
Indistinctly applicable rules Equal-burden rules/ Certain selling
Proportionate? Measure is suitable Non-discriminatory arrangements (CSA) --> Keck criteria
Distinctly applicable rules IAMEQR para 16: apply to all affected
& necessary, no less restrictive Cassis de Dijon Measures that hinder or inhibit
alternative to protect interest at DAMEQR market access traders/ affect in the same manner,
Dual burden in law & in fact Equal in law, dual burden in fact in law and in fact. --> No breach of
stake. Com v Italy: Trailers 34 TFEU, otherwise 34 TFEU is
Mutual recognition/rule of reason angaged.
Breach 34 TFEU or justification Breach 34 TFEU or justification
Breach 34 TFEU or justification
under 36 TFEU or Mandatory under 36 TFEU or Mandatory
under 36 TFEU requirements (Cassis de Dijon) requirements (Cassis de Dijon)
Proportionate? Measure is suitable Proportionate? Measure is suitable Proportionate? Measure is suitable
& necessary, no less restrictive & necessary, no less restrictive & necessary, no less restrictive
alternative to protect interest at alternative to protect interest at alternative to protect interest at
stake. stake. stake.
2
