EU Law – Free Movement of Goods
Art 26(2) TFEU: ’the internal market shall comprise an area without internal frontiers in which
the free movement of goods, persons, services and capital is ensured…”
• Art 114 as legal basis for adoption of legislation (Tobacco Advertising)
• 2 conditions:
◦ removal of obstacles (or future obstacles) to free trade
◦ removal of (appreciable) distortion of competition
What is a good?
• C-7/68 Commission v Italy -
products which can be valued in money and which are capable, as such, of forming the
subject of commercial transactions
• C-97/98 Jagerskiold v Gustafsson- limits
Fiscal barriers (obstacles preventing FMG)
Customs duties on imports and/or on exports - Arts. 28-30 TFEU -
Discriminatory taxation on imports and/or exports - Art. 110-113 TFEU
Non-fiscal barriers (what we deal with)
Quotas on imports or exports
Discriminatory administrative practices
Public advertising campaign for domestic goods
Rules on the advertising, packaging, labelling or composition of certain goods
Legal regime of the non-fiscal barriers
Art 34 TFEU: Quantitative restrictions on imports and all measures having equivalent effect
shall be prohibited between MS
• Whose actions fall under Article 34?
◦ EU institutions
◦ Public bodies - "measures taken by MS"
◦ No horizontal direct effect - but may be enforced indirectly by imposing positive
obligations on MS - Commission v France (Re Angry Farmers); "all necessary and
appropriate measures" held to include private blockades.
• What types of actions fall under Article 34? "Measures" include;
◦ National legislation
◦ Administrative acts - Franking Machine
◦ Advertising - "Buy Irish" case
◦ Omissions - Angry Farmers
Art 35: Quantitative restrictions on exports, and all measures having equivalent effect shall be p
rohibited between MS (don’t usually need in this module)
Art 26(2) TFEU: ’the internal market shall comprise an area without internal frontiers in which
the free movement of goods, persons, services and capital is ensured…”
• Art 114 as legal basis for adoption of legislation (Tobacco Advertising)
• 2 conditions:
◦ removal of obstacles (or future obstacles) to free trade
◦ removal of (appreciable) distortion of competition
What is a good?
• C-7/68 Commission v Italy -
products which can be valued in money and which are capable, as such, of forming the
subject of commercial transactions
• C-97/98 Jagerskiold v Gustafsson- limits
Fiscal barriers (obstacles preventing FMG)
Customs duties on imports and/or on exports - Arts. 28-30 TFEU -
Discriminatory taxation on imports and/or exports - Art. 110-113 TFEU
Non-fiscal barriers (what we deal with)
Quotas on imports or exports
Discriminatory administrative practices
Public advertising campaign for domestic goods
Rules on the advertising, packaging, labelling or composition of certain goods
Legal regime of the non-fiscal barriers
Art 34 TFEU: Quantitative restrictions on imports and all measures having equivalent effect
shall be prohibited between MS
• Whose actions fall under Article 34?
◦ EU institutions
◦ Public bodies - "measures taken by MS"
◦ No horizontal direct effect - but may be enforced indirectly by imposing positive
obligations on MS - Commission v France (Re Angry Farmers); "all necessary and
appropriate measures" held to include private blockades.
• What types of actions fall under Article 34? "Measures" include;
◦ National legislation
◦ Administrative acts - Franking Machine
◦ Advertising - "Buy Irish" case
◦ Omissions - Angry Farmers
Art 35: Quantitative restrictions on exports, and all measures having equivalent effect shall be p
rohibited between MS (don’t usually need in this module)
