What does Article 34 TFEU mean?
— Article 34 TFEU, which relates to intra-EU imports and prohibits ‘quantitative restrictions and all measures having equivalent effect’ between Member States; it reads ‘Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’.
What is the purpose of Article 34 and 36 of TFEU?
Articles 34-36 of the TFEU are one of the founding pillars for the free movement of goods in the EU single market as they prohibit restrictions on imports and exports and measures having equivalent effect, subject to certain public policy exemptions.
What was the point or purpose of Article 34?
The Article aims to promote the free movement of goods by prohibiting “measures that prevent or discriminatorily restrict market access”. Therefore, as a simple matter of fact, Article 34 must operate to limit Member States’ competence in regulating their own markets and pursuing their own policies.
Under which conditions does a certain selling arrangement fall outside the scope of Article 34 TFEU according to the Keck Judgement?
Importantly, the field of application of Article 34 of the TFEU is limited by the ‘Keck’ judgment, which states that certain selling arrangements fall outside the scope of that article, provided that they are non-discriminatory (i.e. they apply to all relevant traders operating within the national territory, and affect …
Does Article 34 have direct effect?
Deutsche Vereinigung des Gas- und Wasserfaches eV (DVGW), Advocate General Trstenjak has broken a lance for horizontal direct effect of article 34 TFEU. Until now, the Court has always denied horizontal direct effect of the free movement of goods provisions, in contrast to the other fundamental freedoms.
What is proportionality EU law?
Proportionality regulates how the European Union exercises its powers. It works in much the same way as the principle of subsidiarity. The proportionality principle means that, to achieve its aims, the EU will only take the action it needs to and no more.
Is Article 34 TFEU directly effective?
What does Article 35 TFEU prohibit?
— Article 35 TFEU, which relates to exports from one Member State to another and similarly prohibits ‘quantitative restrictions and all measures having equivalent effect’. It reads; ‘Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited between Member States’.
What is a selling arrangement in EU law?
The ‘selling arrangement’ is a judicial device which removes national law. from the scrutiny of European Community law relating to the free movement. of goods. National provisions affecting the marketing of products may fall for. consideration as ‘selling arrangements’ where the treatment of the domestic.
What is a CEE EU law?
Canute. The EU is, at its core a common market which necessitates that goods flow between its constituent member states unimpeded by customs duties and other measures. Article 23 prohibits “customs duties on imports and exports and of all charges having equivalent effect.” (CEE).
What are the 4 principles of the EU?
The common principles and values that underlie life in the EU: freedom, democracy, equality and the rule of law, promoting peace and stability.
What is the proportionality test human rights?
Proportionality in human rights law means identifying the various options available and choosing the one which is least restrictive of a person’s human rights to achieve the legitimate aim.
What does Article 34 of the TFEU say?
Article 34 TFEU provides that “quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States”.
Are indistinctly applicable rules also caught by Article 34?
As observed above, Cassis confirmed that indistinctly applicable rules would also be caught by Article 34.
What is an example of Article 34 Breach of law?
For example, in Deserbais, it was held that a German rule which required cheese to have a fat content of only 34.3% in order to be labelled ‘Edam’ was a breach of Article 34 due to the fact that it restricted producers from other States from entering the German market.
Does Article 34 apply only to quantitative restrictions?
Despite the analysis above, which asserts that restricting Member State competence is simply part of a larger Community goal, it should be noted that Article 34 does not only apply to quantitative restrictions.