Euro law quiz lecture free movement of goods 1 article 30
Arts 30 free movement of goods prohibits what?
Prohibits tax?
Quantitive restrictions
Custom duties and Cee's
Protectionist tax
Which case defines goods “products which can be valued in money and which are capable, as such, of forming the subject of commercial transactions.”
Commission v Italy (Statistical Levy)
Commission v Italy (Art Treasures)
Commission v Germany (Animal Inspections
Commission v Belgium (Customs Warehouses)
Article 30 TFEU has
Indirect effect
Vertical effect
Direct effect
Horizontal effect
What is a CEE? Defined in commission V italy (statistical levy) material requirements
Its not protective
Any Pecuniary charge
By reason of crossing a frontier
And which is not a customs duty in the strict sense
Imposed unilaterally on domestic or foreign goods
Any pecuniary charge
Unlawful CEEs
Levy on imported diamonds to fund benefits for diamond workers
Small 10 Lire fee to fund compilation of statistics
Proportionate fees for services in fact rendered to importer
That relate to a general system of internal dues applied systematically to imported & domestic products alike
Charges falling outside Article 30 Listed in Commission v Germany (Animal Inspections
By reason of crossing a frontier
That relate to a general system of internal dues applied systematically to imported & domestic products alike
Proportionate fees for services in fact rendered to importer
Charges for inspections carried out to fulfil EU law obligations
A pecuniary charge, no matter how small
Charge not within Art. 30 if consideration for a specific service actually rendered
If trader does not benefit from it Commission vs Germany
Trader has requested the service Commission v Belgium (Customs Warehouses)
Trader specifically benefits from the service Commission v Italy (Statistical Levy)
Charge is proportionate to the costs of the service provided
The charge is free but after crossing frontier a charge is applied
Charge for EU Inspections, Commission v Germany (Animal Inspections) Outside Art. 30 if
Does not exceed actual cost of inspection
Inspection is not obligatory
Required in general interest of EU
Inspection is obligatory
Promotes the free movement of goods
Does not promote the free movement of goods
If inspections required by international treaty
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