The Free Movement Of Goods

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Based on the question given, it required us to discuss about the free movement of goods. Article 3(3) illustrated that ‘…the Union shall establish an internal market and shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy…’ Internal market is a single market that free movement of goods, persons, capital is assured, and in which citizens are free to live, work, study and do business. Goods mean anything capable of money valuation and of being the object of commercial transaction as per Commission v Italy . For free movement of goods, it is divided into fiscal barriers and non-fiscal barriers. Fiscal barriers simply mean that it involved…show more content…
The sweets did not involve quantity so quantitative restriction was not applied. Under MEQR, there are three landmark cases need to be illustrated. Firstly, the case of Dassonville demonstrated that all trading rules enacted by member states which are capable of hindering, directly or indirectly, actually or potentially, intra [Union] trade are to be considered as measures having an effect equivalent to quantitative restrictions. For the phrase of hindering directly or indirectly, on the facts, it is submitted that it is hindered indirectly which means that the goods was not banned fully to be imported into the country. UK did not totally ban the sweets and it still can be imported into the country as long as ‘Konfekt’ rename the sweets as the name of the sweets might be mistaken it as ‘Health Boost’ which contains medicinal proprieties but in real, it was not. Furthermore, whether it is actually or potentially, it is arguably that it is potentially as Konfekt can expect the loss if their goods are banned because they need to relabeling the products. Lastly, for the intra [Union], it can be defined as the country that imports the goods is in member states. UK is under EU so the requirement of intra [Union] is satisfied. Hence, case of Dassonville can be applied. As there were some criticisms about Dassonville formula so the court made a
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