Goods: Quantitative Restrictions

[Flash Card 1 of 3]

Treaty on the Functioning of the European Union (TFEU)

• Article 34 TFEU: prohibits quantitative restrictions (QRs) & measures equivalent to a quantitative restrictions (MEQRs) / imports between Member States
• Article 35 TFEU: prohibits QRs & MEQRS / exports between Member States
• goods: items / monetary value / capable of forming the subject-matter of commercial transactions (Art Treasures)

QRs

• .. measures which amount to a total or partial restraint of, according to circumstances, imports, exports or goods in transit... (Geddo v Ente)
• usually in the form of an outright ban or quotas / licensing (Imports of Milk)

bits of law

Goods: Quantitative Restrictions

[Flash Card 2 of 3]

MEQRs

Directive 70/60

• abolished MEQR on imports / expired / guidance scope Article 34 TFEU
• Article 2: distinctly applicable / treat domestic & imported goods differently
• Article 3: indistinctly applicable / treat domestic & imported goods equally / have restrictive effect

Dassonville Formula

• Dassonville: ECJ first defined MEQR / trading rules .. capable of hindering directly or indirectly, actually or potentially, intra-Community trade...
• MEQR: potential hindrance to trade / no actual hindrance necessary / discrimination on nationality is not part of definition
• proof of origin: not act as a hindrance / must not arbitrarily discriminate or be a disguised restriction on trade between Member States Article 36 TFEU
• no de minimus rule / slight / hindrance genuine possibility (Criminal proceedings against Jan van der Haar)

National laws which can be MEQRs

• laws designed to enforce standards: size / weight / labelling / price / content of goods / tests to ensure standards / capable of influencing conduct traders & consumers
• Commission v Italy: ban imports of pork / interests Italian pig farmers / distinctly applicable & discriminatory
• Commission v Ireland: measures which have potential to influence conduct of consumers & traders / even non-binding / if represent Government action

bits of law

Goods: Quantitative Restrictions

[Flash Card 3 of 3]

Indirect hindrances

• Dassonville: allows indirect hindrances / in scope Article 34 TFEU
• Article 37(1) TFEU: States shall adjust any State monopolies of a commercial character / ensure no discrimination conditions under which goods are procured & marketed
• first Cassis de Dijon principle: reason principle / member state may be able to justify a restrictive law by showing / necessary to satisfy a mandatory requirement / & proportionate aim
• second Cassis de Dijon principle: mutual recognition principle / product lawfully marketable in one member state / prima facie saleable in all others
• presumption exists / if national law creates hindrance to trade / no harmonising legislation / state can only rebut via Article 36 TFEU or first Cassis de Dijon principle

Proportionality

• Re Disposable Beer Cans: ECJ explicitly discusses proportionality / environmental protection is a mandatory requirement
• Cinéthèque : indistinctly applicable French law was necessary and proportionate aim of encouraging film making & cinemas / not infringe Article 34 TFEU
• German Beer Purity case: Member State must demonstrate the law is proportionate

bits of law