EUROPEAN UNION LAW
W.B. Fisch, Winter 2006
Assignment #19

Ch. 13. FREE MOVEMENT OF GOODS: QUANTITATIVE RESTRICTIONS

A. Introduction

  • "Non-tariff barriers" generally
  • Arts. 28 (ex 30) and 29 (ex 34): QR and "measures having equivalent effect"
  • Art. 30 (ex 36): exceptions for particular purposes (next two assignments)


B. Article 28 (ex 30): Q. R. and Measures Having Equivalent Effect

1. What are "Measures Having Equivalent Effect"?

  • Commission Directive 70/50, DocSupp. p. 299
    • "other than those applicable equally to domestic or imported products"
    • those which "hinder imports which could otherwise take place"
    • subject to a condition that applies differentially and is more difficult to satisfy
    • is "protectionist purpose" required? Should it be?
  • PROCUREUR DU ROI V. DASSONVILLE, p. 478 (1974).
    • "capable of hindering ... intra-Community trade", para. 5 - is this broader or narrower than the Commission's Directive?
    • how does this certificate-of-origin requirement "hinder trade"?
    • is consumer protection an exception covered by Art. 30 (ex 36)?
  • COMMISSION V. GERMANY, p. 479 (1984)
    • What purpose do you suppose Germany sought to achieve, in requiring pharmaceuticals to be sold through domestic establishments?
    • Does such a rule really hinder trade?
  • COMMISSION V. GERMANY, p. 480 (1975)
    • Why can't "Sekt" be the German equivalent of "Champagne", or "Weinbrand" the equivalent of "cognac"?
    • Is it significant that the law included Austria as a country of origin for "Sekt"?
  • Commission v. France, n. 2 p. 481 (1980): is a prohibition against advertising equivalent to a quantitative measure, when it (in substantial part) discriminates against other-MS products in favor of similar domestic products?

 

2. What are 'Measures'?

  • COMMISSION V. IRELAND, p. 482 (1982): is MS subsidy for a "Buy Irish" advertising campaign a "measure", when it does not require anyone to "buy Irish"? Would such a campaign violate the U.S. "Dormant Commerce Clause"?
  • COMMISSION V. FRANCE, p. 485 (1997): can failure to protect foreign products from violent action by domestic producers of competitive products constitute a “measure” within the meaning of art. 28?