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.

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.

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.

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.

Article 197 TFEU

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
Mutual Recognition ◽  
Legal Framework ◽  
Direct Application ◽  
Free Movement ◽  
Eu Law ◽  
Specific Mechanism ◽  
Public Authorities ◽  
Free Movement Of Goods ◽  
The Many ◽  
The Eu

The effectiveness of the many rights and obligations under EU law rests on a legal framework consisting of direct application of Treaty rules, harmonized European rules, national rules, and mutual recognition, and the task of implementing and ensuring compliance with these rules lies, in practice, with a large number of public authorities in the twenty-eight MS. In order to carry out this task, MS’ authorities need to cooperate closely, meaning that administrative cooperation is not only desirable but is required by the very nature of the EU. In the context of the free movement of goods, many circulation regimes are accompanied by their own specific mechanism of administrative cooperation.

One and Triune – Mutual Recognition and the Circulation of Goods in the EU

2020 ◽  
Vol 13 (3) ◽  
pp. 7-35
Author(s):  
Luca De Lucia
Keyword(s):  
Mutual Recognition ◽  
Free Movement ◽  
Free Movement Of Goods ◽  
The Eu

This article deals with mutual recognition in relation to the free movement of goods and aims to demonstrate that, as a result of harmonisation policies, this principle is not unitary in its design. Focusing in particular on the role of national authorities (or that of other bodies that carry out this same function), it examines three models through which mutual recognition operates. These models are: a) mutual recognition under the Treaty (the European legislator has laid down three different regulations over the years to facilitate the functioning of this mechanism); b) transnational administrative authorisations; c) conformity assessments and certifications of conformity issued by notified bodies. This article first highlights how these models protect the free circulation of goods to varying extents and how they are aimed at coordinating different forms of pluralism: regulatory, administrative and that of the market. Two legislative developments regarding this subject are then briefly discussed. Finally, after having mentioned some consequences of the harmonisation legislation on the principle of mutual recognition, some observations are made about possible research developments in this matter.

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.

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.

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.

Sign in / Sign up

Export Citation Format

Share Document