EUROPEAN UNION LAW - PROBLEM 3
1. Are regulatory measures allowed to hinder free movement of
goods?
2. Under what conditions are these measures allowed?
(justifications)
Just like the fiscal barriers, non-fiscal barriers – regulatory barriers - are prohibited under
EU law. These barriers can range from import quotas to national measures prescribing the
content and presentation of a product, and can affect intra-EU trade.
The legal framework prohibiting regulatory barriers consists of:
Art. 34 TFEU:
“Quantitative restrictions on imports and all measures having equivalent effect shall be
prohibited between Member States.”
The article itself does not provide definitions of the 2 categories of restrictions that are
prohibited. Following cases fill in the definitions.
Quantitative restrictions
Case law: Geddo case (Page 133)
The Court defined quantitative restrictions as ‘measures which amount to a total or
partial restraint of, according to the circumstances, imports, exports, or goods coming
into a state or leaving the state.’ These include measures that restrict importation and
exportation by amount or by volume.
Para 7
Nowadays, quantitative restrictions are rare. But when they do exist, they can only be
justified on the grounds of Article 36 TFEU, and only if they are proportionate to the
objective they seek to fulfil. However, Article 36 TFEU is interpreted strictly and therefore
it would be very difficult to justify such a severe measure such as a quantitative
restriction.
Measures having equivalent effect to quantitative restrictions
Definition of MEEQRs in the international model in Directive 70/50
Origin of the Dassonville formula.
1)Case law: Dassonville case (Page 137)
The Court defined ‘All trading rules enacted by Member States which are capable of
hindering, directly or indirectly, actually or potentially, intra-Union trade are to be
considered as measures having an effect equivalent to quantitative restrictions’ (para 5)
Literature: Chapter 13 (p. 499-518, 523-524)
Cases: Geddo, Dassonville, Keck, Familiapress,Cassis, Italian Trailers, Mickelsson,
Groenveld, Gysbrechts, Agositini (Humanplasma)
Articles: European Commission Guide Free Movement of Goods, Regulatory Barriers,
1. Are regulatory measures allowed to hinder free movement of
goods?
2. Under what conditions are these measures allowed?
(justifications)
Just like the fiscal barriers, non-fiscal barriers – regulatory barriers - are prohibited under
EU law. These barriers can range from import quotas to national measures prescribing the
content and presentation of a product, and can affect intra-EU trade.
The legal framework prohibiting regulatory barriers consists of:
Art. 34 TFEU:
“Quantitative restrictions on imports and all measures having equivalent effect shall be
prohibited between Member States.”
The article itself does not provide definitions of the 2 categories of restrictions that are
prohibited. Following cases fill in the definitions.
Quantitative restrictions
Case law: Geddo case (Page 133)
The Court defined quantitative restrictions as ‘measures which amount to a total or
partial restraint of, according to the circumstances, imports, exports, or goods coming
into a state or leaving the state.’ These include measures that restrict importation and
exportation by amount or by volume.
Para 7
Nowadays, quantitative restrictions are rare. But when they do exist, they can only be
justified on the grounds of Article 36 TFEU, and only if they are proportionate to the
objective they seek to fulfil. However, Article 36 TFEU is interpreted strictly and therefore
it would be very difficult to justify such a severe measure such as a quantitative
restriction.
Measures having equivalent effect to quantitative restrictions
Definition of MEEQRs in the international model in Directive 70/50
Origin of the Dassonville formula.
1)Case law: Dassonville case (Page 137)
The Court defined ‘All trading rules enacted by Member States which are capable of
hindering, directly or indirectly, actually or potentially, intra-Union trade are to be
considered as measures having an effect equivalent to quantitative restrictions’ (para 5)
Literature: Chapter 13 (p. 499-518, 523-524)
Cases: Geddo, Dassonville, Keck, Familiapress,Cassis, Italian Trailers, Mickelsson,
Groenveld, Gysbrechts, Agositini (Humanplasma)
Articles: European Commission Guide Free Movement of Goods, Regulatory Barriers,
