Economics 3366A/B Study Guide - Quiz Guide: European Union Law, Open List, Closed List
23 Sep 2020
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34 tfeu prohibits quantitative restrictions and measures having equivalent. Only vertical direct effect (fra. bo case), not horizontal (sapod- Geddo: measures which amount to a total or partial restraint of, according to the circumstances, imports, exports or goods in transit. A ban is the most extreme form of a quantitative restriction (henn and darby case). Article 2: distinctly applicable rules (only for imported goods) Article 3: indistinctly applicable rules (for both imported and domestic goods) Ecj definition in dassonville (1974): all trading rules enacted by member states which are capable of hindering, directly or indirectly, actually or potentially, intra- Must be enacted by the state (as also can be seen in fra. bo, no horizontal effect) (apple & pear, buy irish, pharmaceutical society) Must actually or potentially affect intra-union trade (commission v france (foie gras), bluhme) Must directly or indirectly affect intra-union trade. (dassonville, article 2+3. This is an extremely broad definition, almost anything could be argued to be a mee.
