JN204 Lecture Notes - Lecture 10: B&Q
21 Nov 2020
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Once goods have been lawfully produced in 1 m. s. , they should be allowed into any other m. s. , without being subject to any further conditions. Summary of m. e. q. r. s: distinctly applicable measure: rule that intentionally disadvantages or discriminates either, directly or indirectly, against imported product by reason of country of origin. Cassis de dijon (120/78) indistinctly applicable measures. Certain indistinctly applicable measures may be justified if they fulfil one of the mandatory requirements. In order for an indistinctly applicable measure to be justified, it must: 1) satisfy one of the mandatory requirements e. g. protection of public health, fairness of commercial transactions, defence of consumer, protection of environment, etc. Non-exhaustive list: 2) respect the principle of proportionality i. e. measure should not be any more than is necessary to fulfil mandatory requirement, cassis (120/78, rau (261/81, commission v germany (178/86) Indistinctly applicable dual burden rules: rules relating to goods themselves, rules normally affecting standards & marketing of product (e. g. size, composition, labelling, etc.
