Chapter 5 Multiple choice questions

. How may customs duties and charges having equivalent effect be classified?

National taxation.

Non-tariff barriers to trade.

Tariff barriers to trade.

Measures having equivalent effect to quantitative restrictions.

. When will a charge for services rendered fall outside 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 importing state

. 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.

. What type of barrier to trade did the Court of Justice define in the Dassonville case?

A measure having equivalent effect to a quantitative restriction.

A charge having equivalent effect to a customs duty.

A selling arrangement of equal burden.

A system of discriminatory taxation.

. 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 non-retroactivity.

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.

. Which of the following statements is correct in relation to the scenario set out below?

Following the ruling in Keck, selling arrangements will always fall outside the scope of Article 34.

True – selling arrangements will always fall outside the scope of Article 34.

False – selling arrangements can only escape the prohibition in Article 34 if they are proportionate to their aim.

False – selling arrangements will fall outside the scope of Article 34 if they do not impede market access for imported goods.

False – selling arrangements must always be justified under the rule of reason.

. Under which Treaty provision can a ban on the import of pornographic literature be justified?

Article 36 TFEU

Article 34 TFEU

Article 30 TFEU

Article 110 TFEU

Chapter 5 Multiple choice questions

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