Law 2101 Study Guide - Quiz Guide: Consumer Protection, Strict Scrutiny, Public Health
Document Summary
Groenveld: equally applicable product requirements don"t constitute meeqrs on exports. Gysbrechts: equally applicable measures may constitute of meeqrs on exports, where they indirectly discriminate. Dual burden: when multiple rules lead to two burdens, this isn"t allowed. Regulatory barriers to trade can pursue a legitimate regulatory interest, these interests are set out in art. Non-discriminatory measures: imperative requirements: consumer protection, environmental protection, fiscal supervision, public health, socio-cultural specificity, press diversity, human rights protection, this list isn"t exhaustive. Agostini: a discriminatory advertising ban could be justified when the latter is necessary to satisfy overriding requirements of general public importance or one of the aims listed in art. When a national restriction comes under one of the express or implied grounds of justification only the first step is fulfilled. The court has read the last sentence of art. 36 to require proportionality of a national measure it should be restricted to what is necessary to attain a legitimate aim.
