Chapter 17 Self-test questions

Whose actions do Articles 34-35 TFEU catch: [Please select all that apply]

actions of all forms of government, whether central, regional, or local.

actions of private limited companies whose sole control, functions and financing is vested with private parties.

Union measures

actions of a private limited company which is financed by a public body itself financed by compulsory contributions, and its functions were determined by statute.

acts of individual shopkeepers

Articles 34-35 TFEU have horizontal direct effect.

True

False

Articles 34-35 TFEU prohibit measures which amount to quantitative restrictions on imports and exports or goods in transit, and measures having ______________.

If the UK introduced a ban on Sunday trading in England and Wales would this rule withstand the scrutiny of Articles 34-35 TFEU?

Yes because this is not capable of hindering trade between Member States as it is a wholly internal situation.

No because it is not a wholly 'internal situation' as in the case of Oebel (Case 155/88)

Yes, despite its indirect affect restriction on trade between Member States, it might be seen as a reasonable trade requirement which serves a justifiable purpose.

Yes because Articles 34-35 do not regulate non-quantitative restrictions on trade.

The rule of reason in Cassis de Dijon applies to distinctly applicable measures having equivalent effect to quantitative restrictions

True

False

Is a German law laying down minimum alcohol level of 25 per cent for certain spirits, likely to be in breach of Article 34 TFEU?

Yes, because it amounts to a measure having equivalent effect to quantitative restrictions under the Dassonville formula.

No because the measure was enacted in the interests of public health, which brings it within the rule of reason under Cassis.

Yes, because the measure, despite being in the interests of public health, is disproportionate.

The Court in Cassis established the principle of _____________.

In Keck and Mithouard The CJ drew a distinction between rules which lay down 'requirements to be met' by goods, and rules relating to 'selling arrangements'. How will this distinction affect the extent of the Dassonville formula? [Please select all that apply]

Member States may, under all circumstances, in accordance with these decisions, apply to products from other Member States' national provisions restricting or prohibiting certain selling arrangements.

It permits Member States to apply to products from other Member States' rules which lay down requirements to be met by goods, such as weight, composition, presentation, labelling. These are allowed to apply, insofar as these rules are applied indistinctly, and even where they hinder trade between Member States.

Member States may, under all circumstances, in accordance with these decisions, apply to products from other Member States' national provisions restricting or prohibiting certain selling arrangements. The 'selling arrangements' must apply to all affected traders operating within the national territory and provided that they affect in the same manner, in law and in fact, the marketing of domestic products and those from other Member States.

It allows Member States to introduce non-discriminatory national rules with minimal impact or hindrance on intra-Union rules.

In Leclerc-Siplec (case C-412/93) the CJ has substituted the Keck distinction between 'requirements to be met' by goods, and rules relating to 'selling arrangements', by a de minimis rule, which examines the impact of the rules on inter-Union trade.

True

False

All the principles relating to imports under Article 34 TFEU will also apply to ________ under Article 35 TFEU.

It is within the competence of the Member States to regulate monopolies in their jurisdictions in whatever way they see fit.

True

False

What are the components of the proportionality test?

a test of necessity.

a test of subsidiarity

a test of sufficiency

a test that no other member state has a better measure in place

a test of a minimal furthering of a Treaty aim so long as the test is administratively simple

Discrimination in a measure may be saved by the public morality objective in Article 36 TFEU only if is neither nor a disguised restriction on trade between Member States.

The justification of public policy includes:

Those matters the public are likely to find repugnant

whether there is a serious threat to one of the fundamental interests of society

primarily economic factors

A Latvian policy which requires importers of petrol to buy at least 35 per cent of their requirements from a State owned oil refinery is in breach of Article 34 TFEU.

True

False

It is for the Member States, to the extent permitted by the treaty, to decide on the _______of protection for public health and on the way in which it is to be achieved.

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