Economics 3366A/B Study Guide - Quiz Guide: Maastricht Treaty, Consumer Protection

8 views4 pages

Document Summary

Any measure by a ms that directly or indirectly, actually or potentially hinders intra-community trade" [dassonville: 2 categories of mhee, mhee distinctly applicable: law and facts different. Possible justification: article 36 tfeu + test of proportionality: mhee indistinctly applicable: same law but difference in facts. Possible justification: article 36 tfeu + test of proportionality or any legitimate reason + proportionality [cassis de dijon] = selling restrictions (concern how a product can be sold, e. g. online, on sundays, which price, advertisement) + equality in law and in fact between foreign and domestic products: they do not hinder directly or indirectly, actually or potentially, trade between. Article 34 and 35 do not apply, however, it is difficult to fulfil the keck criteria. [articles 45-55 tfeu: establish whether the person is an eu national. If not, try to find a link with a ms: e. g. work, family, study: establish under which category a person falls.