Article 34 TFEU - Justifications-EU Law., Study notes of European Union law

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3/7/25, 11:07 PM about:blank Article 34 TFEU - Justifications Free movement of goods [nor iscal barriers] - Article 34 TFEt justifications Art 34 TFEU Treaty definition ions on imports and all measures having equivalent effect shall be prohibited between Member States.” ‘Two types of measure 1) Quantitative Restrictions 2) Measures "having equivalent effect” (MEQRs) + Importance MEQRs - the most significant and wide-ranging Treaty prohibition in the EU internal market Defining Scope of MEQR under Art 34 TFEU * Definition in 1* and 3° limbs of MEQR defi in uncontroversial Controversy over 2” limb of definition - Very broad definition in Keck slightly narrows the test - clarifies when a measure will be classified as an MEQR. Apply Keck in a problem question - it is the test for Article 34 FTEU irect hindrance to trade Cassis: Double Regulatory Burden and the Principle of Mutual Recognition Need to avoid double regulatory burden e.g. Cassis dé Dijon regulated in France AND Germany There is “no valid reason why, provided they have been lawfully produced and marketed in one Member State, [goods] should not be introduced into any other Member State”. Member States ought to trust regulations of other countries - so companies don't regulate twice. Keck as best understanding of MEQRs under Art 34 TFEU Discrimination-based test - Rooted in expanding market beyond national level. Product requirements automatically caught by Art 34 TFEU - They impact on imported products more than domestic products. 1/10