Free Movement of Goods

2573 WordsNov 23, 201011 Pages
Free Movement Of Goods Research Title: The ECJ has been a key institution in the community in integrating the laws of the MS. Nowhere is this more obvious in relation to national laws on free movement of goods. With reference to the EC law on free movement of goods, cortically discuss whether the decision of the ECJ in this area either confirm or disprove this statement. Introduction As the raison d 'etre of the common market, the free movement of goods may be regarded as a fundamental freedom common to all states holding membership of the European Community. The role of the European Court of Justice as a decision-maker is critical in maintaining and ensuring that free movement can prevail between the United States of Europe. Its…show more content…
According to this definition: "all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to be considered as measures having an effect equivalent to quantitative restrictions." This declaration is demonstrative of the ECJ 's strict interpretation of their duty to enforce the principle of EC legislation in this area. For example, it is not necessary to show an actual hindrance to trade between Member States: it is quite sufficient that the measure should merely be capable of such an effect. It is interesting to note that a measure which is not capable of hindering trade between Member States, which merely affects the flow of trade within a Member State, will not breach Article 28. In Oebel 6 a Belgian law banning the production and delivery to consumers and retail outlets of bakery products during night hours, designed to protect workers in small and medium-sized bakeries, was held not to be in breach of Article 28. Although delivery of imported products through the same outlets was precluded, "trade within the Community remained possible at all times". Moreover, a measure falling within the Dassonville formula but which is solely to the disadvantage of domestic products will not infringe Community law (Jongeel Kaas BV v Netherlands ) 7. From this it is apparent

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