Chapter 10 Self-test questions

. Which of the following may be classed as a charge having equivalent effect? Please select all that apply.

A levy imposed on imports and exports with a view to financing the compilation of statistics.

An import duty of 10 per cent.

An export tax of 5 per cent.

A charge for an import licence aimed at equating the price of the foreign product with the price of the domestic product.

. When will a charge for services rendered escape the scope of Article 30?

When the charge is protectionist.

When the service is of direct benefit to the importer and the charge is proportionate to the value of the service.

When the charge is for health inspection services.

When the provision of the service is mandatory under the national legislation of the state of import.

. When is a national internal taxation system indirectly discriminatory?

When it taxes imported goods at a higher rate than similar domestically-produced goods on the basis of their origin.

When it allows deferment of payment of tax for domestically-produced goods but not for imported goods.

When it taxes imported goods but not domestically-produced goods.

When it taxes imported and domestically-produced goods equally but its effect is to disadvantage imports.

. To which kinds of measures does the Geddo definition refer: 'measures which amount to a total or partial restraint of….imports, exports or goods in transit'?

Customs duties.

Measures of EU internal market law.

Quantitative restrictions.

Treaty articles.

. In which case did the Court of Justice define 'measures having equivalent effect'?

Dassonvillle.

Humblot.

Diamonds.

Van Gend en Loos.

. How is an 'indistinctly applicable' MEQR defined?

A measure that applies equally to imported and domestic products.

A measure that does not apply equally to domestic and imported products.

A directly effective measure.

A measure that is of individual concern to the applicant.

. Which principle dictates that, provided goods have been lawfully produced and marketed in one Member State, there is no reason why they should not be introduced into another without restriction?

The principle of proportionality.

The principle of objective justification.

The principle of mutual recognition.

The principle of supremacy.

. Which of the following statements is correct?

The Cassis 'rule of reason' provides that MEQRs can be justified only on the grounds set out in the Cassis judgment.

The Cassis 'rule of reason' provides that indirectly discriminatory taxation may be justified in certain circumstances.

The Cassis 'rule of reason' provides that, provided goods have been lawfully produced and marketed in one Member State, there is no reason why they should not be introduced into another without restriction.

The Cassis rule of reason provides that restrictions on trade resulting from national provisions on product marketing, which differ from those applying in other Member States, are permissible if they are necessary to satisfy one of the mandatory requirements.

. The Dassonville formula provides a very wide definition of measures having an effect equivalent to quantitative restrictions. Because of that it also formulates an explicit exception for selling arrangements.

True

False

. Article 36 TFEU allows derogation from the principle of free movement of goods in relation to… Please select all that apply.

Quantitative restrictions.

CHEEs.

Distinctly applicable MEQRs.

Indistinctly applicable MEQRs.

. In relation to MEQRs, which Treaty provision allows derogation from the principle of free movement of goods?

Article 36 TFEU.

Article 34 TFEU.

Article 30 TFEU.

Article 110 TFEU.

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