Internal Market
EU internal market
EU internal market
Set of flashcards Details
| Flashcards | 10 |
|---|---|
| Language | English |
| Category | Law |
| Level | University |
| Created / Updated | 29.01.2017 / 29.01.2017 |
| Weblink |
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Two approaches to integration (internal market: Introduction)
Test of compliance with market freedoms: preliminary question: Secondary law
Scope
Is the case within the scope of the market freedom?
Restriction
Has the market freedom been restricted?
Justification
Is there a proper justification for the restriction?
Barriers to free movement of goods
Discriminatory taxation
Comparison of Art. 30 and 11 TFEU
Dassonville
Cassis de dijon
Can a measure covered by Art. 34 TFEU be justified by reasons not mentioned in Art. 36 TFEU?
Yes.
What is the consequence of a violation of Art. 34 TFEU?
Principle of mutual recognition (Cassis de dijon principle): if goods have beenb lawfully produced and marketed in one member state, they may be introduced into any other state, even if they contravene regulations of those goods by the importing state. This applies even, like in the casis de dijon case, the regulation is non-discriminatory, i.e. if it treats foreign and domestic products alike.
