Brief overview of Freedom of movement of Goods
Key primary legislation
-
TFEU articles 34, 35 & 36
o These articles ban quantitative restrictions (QRs) and measures having equivalent
effect (MEEs).
o The main primary law within freedom of movement of goods
-
TFEU articles 28, 29 & 30
o Articles 28 and 29 regards dealing with third countries in import and export
o Articles 30
 Prohibits customs duties (CDs) and charges of equivalent effect (CEEs)
-
TFEU article 110
o The difference between TFEU article 110 and TFEU article 30 is that article 30
prohibits customs duties at the borders between Member States while article 110
prohibits any internal taxation that discriminates between foreign and domestic
goods of the same type and as noted also any taxation that protects one product
class from another.
Key secondary legislation
-
Directive 70/50 article 2
o Defines Distinctly Applicable Measures
Directive 70/50 article 3
o Defines Indistinctly Applicable Measures
Unfair Commercial Practices Directive 2005/29
o
Key case law
-
Case C-192/95 Comateb
o Defined how unlawful charges can be repaid
Dassonville
Cassis de Dijon
Keck
Commission v. Italy (trailers)