Free Movement of Goods Exam Notes 2024.

Free Movement of Goods Exam Notes 2024. Free Movement of Goods is one of the four fundamental freedoms established by treaty of Rome 1957.  Article 26 TFEU; An internal market shall comprise an area without internal frontiers with the concept of single market.  This can be achieved through (a) Removal of existing Barriers which is called negative integration and (b) Harmonization of national rules are called positive integration.  This chapter is divided into three parts; a. Monetary or tariff barriers falls under article 28 and 30 TFEU. b. Discriminatory Taxation Falls under article 110 TFEU c. Non Monetary barriers fall under article 34, 35 and 36 TFEU.  Does Free Movement of Goods rights under the above article apply in only Cross border situations? No, a purely internal situation is also covered as was in case of Jersey Produce Marketing organization v. State of Jersey (potatoes imported from channel Islands with in Uk but there was a charge applied held to be breach of article 35 TFEU) What is a Good? This was explained in the case of Commission V. Italy (art Treasures case) as anything having “value in money and can form the basis of commercial transaction”. In general, goods are material objects which have physical characteristics and which are capable of forming the subject of commercial transactions: Case 7/68 Commission v Italy (Italian Art) [1968] ECR 423 ‘By goods, within the meaning of that provision, there must be understood products which can be valued in money and which are capable, as such, of forming the subject of commercial transactions’. Advocate General Fennelly in Case C-97/98 Jagerskiold [1999] ECR I7319 Goods ‘possess tangible physical characteristics’ (para 20). The case law provides us with various examples of goods:  Strawberries (Case C-265/95 Commission v France [1997] ECR I-6959)  Alcohol beverages (Case 20/78 Cassis de Dijon [1979] ECR 649)  Pornographic materials (Case 34/79 Henn v Darby [1979] ECR 3795)  Medication (Case C-322/01 Doc Morris [2003] ECR I-14887)  Bees (Case C-67/97 Ditlev Bluhme [1998] ECR I-8033)  Electricity (Case C-379/98 PreussenElektra [2001] ECR I-2099)  Waste (Case C-2/90 Commission v Belgium [1992] ECR I-4431)  Blood and blood components (Case C-421/09 Humanplasma [2010] ECR I-12869). Free Movement of Goods Exam Notes Article 28 and 30 TFEU: Art 28: “The Union shall comprise a customs union which shall cover all trade in goods and which shall involve the prohibition between Member States of customs duties on imports and exports and of all charges having equivalent effect, and the adoption of a common customs tariff in their relations with third countries.” It can be concluded from this that there is a common customs tariff applied throughout European Union in relation to all Non Eu Member states. Art 30: “Customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This prohibition shall also apply to customs duties of a fiscal nature.”