6. The Free Movement of Goods

2016 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Free Movement ◽  
Equivalent Effect ◽  
Questions And Answers ◽  
Free Movement Of Goods ◽  
The Eu

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the free movement of goods in the EU. The questions focus on charges and measures having equivalent effect, the restrictions allowed under Art 36 TFEU and the principles of law which have emerged from the case of Cassis de Dijon and subsequent cases.

6. The Free Movement of Goods

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Free Movement ◽  
Court Of Justice ◽  
Equivalent Effect ◽  
Questions And Answers ◽  
Free Movement Of Goods ◽  
The Eu

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the free movement of goods in the EU. The questions focus on charges and measures having equivalent effect, the restrictions allowed under Art 36 TFEU, and the principles of law which have emerged from the case of Cassis de Dijon and subsequent cases. The significance of the judgment of the Court of Justice in Keck is addressed.

6. The Free Movement of Goods

2020 ◽  
pp. 119-138
Author(s):  
Nigel Foster
Keyword(s):  
Free Movement ◽  
Court Of Justice ◽  
Equivalent Effect ◽  
Questions And Answers ◽  
Free Movement Of Goods ◽  
The Eu

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the free movement of goods in the EU. The questions focus on charges and measures having equivalent effect, the restrictions allowed under Art 36 TFEU, and the principles of law which have emerged from the case of Cassis de Dijon and subsequent cases. The significance of the judgment of the Court of Justice in Keck is addressed.

9. Free movement of goods (I): the abolition of customs duties and internal taxation

2021 ◽  
pp. 300-321
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
Free Movement ◽  
Customs Union ◽  
Equivalent Effect ◽  
Free Movement Of Goods ◽  
The Law ◽  
The Eu

This chapter introduces the law on the free movement of goods in the EU. It discusses the following: the customs union; the free movement of goods provisions in the TFEU; customs duties and common customs tariffs; charges having equivalent effect to a customs duty, and charges falling within the scope of internal taxation.

10. Free movement of goods (II): quantitative restrictions and measures having equivalent effect

2021 ◽  
pp. 322-362
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
Mutual Recognition ◽  
Free Movement ◽  
Technical Standards ◽  
Equivalent Effect ◽  
Standards And Regulations ◽  
Free Movement Of Goods ◽  
The Law ◽  
The Eu

This chapter discusses the non-pecuniary obstacles to the law on the free movement of goods in the EU. It discusses the following: prohibition of quantitative restrictions and measures having equivalent effect; grounds of derogation under Article 36 TFEU; indistinctly applicable measures and mandatory requirements, Cassis de Dijon and developing the list of mandatory requirements; principles of mutual recognition and equivalence; Case C-267 and 268/91 Keck and Mithouard (1993) and certain selling arrangements; presentation requirements; the conditions in Keck and the difficulties in finding a consistent rule; the blurred distinction between Article 36 TFEU and ‘mandatory requirements’; Article 35 TFEU; and Directive 98/34 on the provision of information in the field of technical standards and regulations.

10. Free movement of goods (II): quantitative restrictions and measures having equivalent effect

2018 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
Mutual Recognition ◽  
Free Movement ◽  
Technical Standards ◽  
Equivalent Effect ◽  
Standards And Regulations ◽  
Free Movement Of Goods ◽  
The Law ◽  
The Eu

This chapter reviews the law on the free movement of goods in the EU. It discusses the following: prohibition of quantitative restrictions and measures having equivalent effect; grounds of derogation under Article 36 of the TFEU; indistinctly applicable measures and mandatory requirements, Cassis de Dijon and developing the list of mandatory requirements; principles of mutual recognition and equivalence; case C-267 and 268/91 Keck and Mithouard (1993) and certain selling arrangements; presentation requirements; the conditions in Keck and the difficulties in finding a consistent rule; the blurred distinction between Article 36 TFEU and “mandatory requirements”; Article 35 TFEU; and Directive 98/34 on the provision of information in the field of technical standards and regulations.

Concentrate Questions and Answers EU Law

2020 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Sex Discrimination ◽  
Free Movement ◽  
Eu Law ◽  
Eu Member States ◽  
Court Of Justice ◽  
Wide Range ◽  
Questions And Answers ◽  
Free Movement Of Goods ◽  
Legislative Processes ◽  
The Eu

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. Concentrate Q&A EU Law looks at a wide range of up-to-date issues relating to EU law, starting with the origins, institutions, and development of the EU communities and the legislative processes. Chapters then look at the sources and forms of EU law, supremacy of EU law, and the reception of the law in the EU Member States. The chapter on Supremacy will also consider Brexit, but the extent to which that will be covered will be determined by just how far the exit negotiations have themselves progressed. The Court of Justice has a chapter devoted to it. The book then considers the free movement of goods and persons. Finally, the text turns to competition and merger law and sex discrimination and equality law.

9. Free movement of goods (I): the abolition of customs duties and internal taxation

2018 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Free Movement ◽  
Customs Union ◽  
The European Union ◽  
Equivalent Effect ◽  
Free Movement Of Goods ◽  
The Law ◽  
The Eu

This chapter reviews the law on the free movement of goods in the EU. It discusses the following: the customs union; the free movement of goods provisions in the Treaty on the Functioning of the European Union; customs duties and common customs tariffs; charges having equivalent effect to a customs duty; and charges falling within the scope of internal taxation.

5. Free movement of goods

2020 ◽  
pp. 90-120
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Equivalent Effect ◽  
Free Movement Of Goods ◽  
The Law ◽  
The Eu

This chapter discusses the law on the free movement of goods in the EU. Free movement of goods is one of the four ‘freedoms’ of the internal market. Obstacles to free movement comprise tariff barriers to trade (customs duties and charges having equivalent effect), non-tariff barriers to trade (quantitative restrictions and measures having equivalent effect), and discriminatory national taxation. The Treaty on the Functioning of the European Union (TFEU) prohibits all kinds of restrictions on trade between Member States. Article 30 (ex Article 25 EC) prohibits customs duties and charges having equivalent effect; Article 34 (ex Article 28 EC) prohibits quantitative restrictions and all measures having equivalent effect; and Article 110 (ex Article 90 EC) prohibits discriminatory national taxation.

16. Customs union

2020 ◽  
pp. 358-374
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Free Movement ◽  
Customs Union ◽  
The European Union ◽  
Equivalent Effect ◽  
The Common ◽  
Free Movement Of Goods ◽  
The Creation ◽  
Taxation System ◽  
The Eu

This chapter examines the creation of the customs union to ensure free movement of goods within the European Union (EU), discusses the relevant provisions of the Treaty on the Functioning of the European Union (TFEU). The chapter considers the significance of the common customs tariff applicable to all imported goods from outside the EU and explains the prohibition on customs duties and on discriminatory taxation. It also explains that the prohibition on discriminatory taxation serves to prevent Member States from circumventing the prohibition on customs duties by discriminating against imports via their internal taxation system. The chapter also highlights criticisms of the Court of Justice’s (CJ) approach to customs duties and measures having an equivalent effect.

5. Free movement of goods

2018 ◽  
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Equivalent Effect ◽  
Free Movement Of Goods ◽  
The Law ◽  
The Eu

This chapter discusses the law on the free movement of goods in the EU. Free movement of goods is one of the four ‘freedoms’ of the internal market. Obstacles to free movement comprise tariff barriers to trade (customs duties and charges having equivalent effect), non-tariff barriers to trade (quantitative restrictions and measures having equivalent effect), and discriminatory national taxation. The Treaty on the Functioning of the European Union (TFEU) prohibits all kinds of restrictions on trade between Member States. Article 30 (ex Article 25 EC) prohibits customs duties and charges having equivalent effect; Article 34 (ex Article 28 EC) prohibits quantitative restrictions and all measures having equivalent effect; and Article 110 (ex Article 90 EC) prohibits discriminatory national taxation.

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