Free Movement of Goods 2 - Lecture 6 General prohibition on QR and MEE on imports Article 34 TFEU Measures taken by the state subject to broad interpretation - acts and omissions (Commission v France - Spanish Strawberries) Also see R v Pharmaceutical Society of GB case 266 & 267/87 - what constitutes state measure? Case 249/81 Commission v Ireland (Buy Irish) - campaign by Irish goods council effectively sponsored by Irish government contrast with Case 222/82 Apple and Pear Development council Without state involvement actions of private parties are outside the scope of article 34 TFEU Quantative Restrictions Complete bans or the restriction of numbers, settings of quotas and the like Commission v UK (import of potatoes) Case 231/78 ban Commission v France (import of Lamb) Case 232/78 ban QR and MEQRs Geddo case 2/73 - court held that the treaty language regarding a prohibition on quantitative restrictions includes measures which are equivalent to a total or partial restraint on imports, exports and goods in transit - Example of numeric limits Case c - 47/90 Delhaize: Spanish regulations limiting the quantity of Spanish winces which could be subject of bulk export constituted a measure having an equivalent effect to a quantitative restriction contrary to article 35 TFEU MEES - much broader than a numerical limitation A measure that although not a direst quota or restriction, still has that effect Dassonville Formula (Case 8/74) "all trading rules enacted by a member state which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade" case involved scotch whisky which could not be sold in Belgium because it did not have a certificate of origin. How do we differentiate whether all MEQRs are the same? Distinctly v indistinctly applicable measures
MEES - distinctly and indistinctly For guidance, look at commission directive 22 December 1969 on the abolition of measures which have an effect equivalent to quantitative restrictions on imports ... (7ff/5ff/EEC) Note that this was in effect to provide guidance on the kinds of MEEs restricted by (article 34 TFEU) when the original treaty came into effect Distinctly applicable MEES Article 2 .. measures which make imports or the disposal, at any marketing stage, of imported products subject to a condition. which is required in respect of imported products only, or a condition differing from that required for domestic products and more difficult to satisfy. Equally, it covers measure which favour domestic products or grants them a preference. The directive provides some possible examples in article 2 (3) (a) Setting for imported products only, minimum, or maximum prices below or above which imports are prohibited (g) Make access of imported products to the domestic market conditional on having an agent in the territory of the MS (j) Subject imported products only to conditions about shape, size, weight, composition, presentation ... or subject imported products to conditions different from those for domestic products which are more difficult to satisfy ... (s) Confine names which are not indicative of origin or source