Index:
Free movement of GOODS: 2-3
- Financial restrictions (W1): p.2
- Quantitative restrictions (W2): p.3
Free movement of PERSONS:
- Entry & Residence (W3): p.4-5
- Equal treatment (W4): p.6
- Establishment/service/capital p.7
Competition law:
- 101/102: agreements/abuse: p.8-9
- 107; state aid: p.10-13
1
, FREE MOVEMENT OF GOODS (W1&2):
Goods (Art treasures: Products valued in money/ subject to commercial transaction). (W1&2).
- FINANCIAL RESTRICTIONS (W1)
o For IMPORTS only (Customs duties and charges having equivalent effect (CEE)). à 30
TFEU.
§ Diamantarbeids: effect matters, not the purpose (unlawful)
§ Statistical Levy: CEE: Any charge which is imposed unilaterally on domestic or
foreign goods by reason of the fact that they cross a frontier
§ Breach of Art. 30 TFEUà UNLAWFUL
§ Exceptions (2), 36 does not apply:
§ When the charge is a payment for a service rendered (given) to the
importer/exported.
• Commission v. Belgium (warehousing)
o Specific and direct benefit actually conferred
o Payment in proportion to the service
o Inspections in the general interest are not a service rendered to
the importer
à Duty to reimburse
§ When the charge is payment for an inspection that is mandatory under EU
law.
o Commission v. Germany (live animals) C-18/87.
o Inspections mandated by EU law must:
§ Not exceed the actual costs of the inspections
§ Be obligatory and uniform
§ In the general interest of the Union
§ Promote the free movement of good
à Duty to reimburse
o For IMPORTS and DOMESTIC products (internal taxation). à 110 TFEU.
§ TAX: a charge is an internal tax… if it related to a general system of internal
dues applied systematically to categories of products in accordance with
objective criteria irrespective of the origin of the products. Co-Frutta &
Denkavit.
§ Based on objective criteria (unrelated to origin)
• NO, based on origin. Direct discrimination à Prohibited (go to 30
TFEU).
• YES, no violation (very rare)
• In law YES, in fact NOT SURE:
o Similar goods (1) à equalise tax rates
§ similar characteristics and meet the same needs
from the view of consumers. Rewe Zentrale.
§ Similarity: yes? à Is there discrimination?
• Direct discrimination: related to origin/
prohibited/ no justification
• Indirect discrimination: prohibited unless
objectively justified/proportionate
o Competition goods (2) à remove protective control.
§ Economic test! Cross-elasticity/ product
substitutability. (CJEU Com v UK C-170/78
(Beer/wine)). Consumers switch?
2
Free movement of GOODS: 2-3
- Financial restrictions (W1): p.2
- Quantitative restrictions (W2): p.3
Free movement of PERSONS:
- Entry & Residence (W3): p.4-5
- Equal treatment (W4): p.6
- Establishment/service/capital p.7
Competition law:
- 101/102: agreements/abuse: p.8-9
- 107; state aid: p.10-13
1
, FREE MOVEMENT OF GOODS (W1&2):
Goods (Art treasures: Products valued in money/ subject to commercial transaction). (W1&2).
- FINANCIAL RESTRICTIONS (W1)
o For IMPORTS only (Customs duties and charges having equivalent effect (CEE)). à 30
TFEU.
§ Diamantarbeids: effect matters, not the purpose (unlawful)
§ Statistical Levy: CEE: Any charge which is imposed unilaterally on domestic or
foreign goods by reason of the fact that they cross a frontier
§ Breach of Art. 30 TFEUà UNLAWFUL
§ Exceptions (2), 36 does not apply:
§ When the charge is a payment for a service rendered (given) to the
importer/exported.
• Commission v. Belgium (warehousing)
o Specific and direct benefit actually conferred
o Payment in proportion to the service
o Inspections in the general interest are not a service rendered to
the importer
à Duty to reimburse
§ When the charge is payment for an inspection that is mandatory under EU
law.
o Commission v. Germany (live animals) C-18/87.
o Inspections mandated by EU law must:
§ Not exceed the actual costs of the inspections
§ Be obligatory and uniform
§ In the general interest of the Union
§ Promote the free movement of good
à Duty to reimburse
o For IMPORTS and DOMESTIC products (internal taxation). à 110 TFEU.
§ TAX: a charge is an internal tax… if it related to a general system of internal
dues applied systematically to categories of products in accordance with
objective criteria irrespective of the origin of the products. Co-Frutta &
Denkavit.
§ Based on objective criteria (unrelated to origin)
• NO, based on origin. Direct discrimination à Prohibited (go to 30
TFEU).
• YES, no violation (very rare)
• In law YES, in fact NOT SURE:
o Similar goods (1) à equalise tax rates
§ similar characteristics and meet the same needs
from the view of consumers. Rewe Zentrale.
§ Similarity: yes? à Is there discrimination?
• Direct discrimination: related to origin/
prohibited/ no justification
• Indirect discrimination: prohibited unless
objectively justified/proportionate
o Competition goods (2) à remove protective control.
§ Economic test! Cross-elasticity/ product
substitutability. (CJEU Com v UK C-170/78
(Beer/wine)). Consumers switch?
2
