Non Fiscal Barriers And The Free Movement Of The European Union

1325 Words Dec 4th, 2014 6 Pages
This question concerns non-fiscal barriers to the free movement of goods in the European Union. Issues concerning Articles 34,35 or 36 of the Treaty on the Functioning of the European Union (TFEU) are raised and Brian’s potential claim is against France as the Member State who has enacted measures which may restrict imports and exports, thereby violating the Treaty. Firstly, considering the licence required by French legislation to import PS’s, this could amount to a selling arrangement which is defined in the case of Keck as rules that concern who sells the product and when, where and how they go about it. Those selling arrangements which apply equally in law and fact will not invoke Article 34 TFEU. As the product, the PS, in not directly affected, the requirement of a licence may be a selling arrangement . However the selling arrangement does not apply equally in law and fact because there is no licence requirement mentioned for domestic producers of PSs . As the licence discriminates against imports, this may invoke Article 34 and it is likely to be a measure equivalent to a quantitative restriction (MEQR). MEQRs were defined in Dessonville as “All trading rules capable of hindering, directly or indirectly, actually or potentially, intra-Community trade” . In other words, an MEQR applies only to imports and not to everyone. As the licence is an additional requirement for imported PSs, and applications are only considered once a year in August, it makes imports more…
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