This chapter examines the Treaty provisions designed to ensure free movement of goods within the European Union. It discusses prohibitions on quantitative restrictions, and on measures having equivalent effect to quantitative restrictions (MEQR) in Article 34 of the Treaty on the Functioning of the European Union (TFEU), in particular considering the key cases of Dassonville, Cassis de Dijon and Keck. It also outlines the prohibition on quantitative restrictions on exports and all measures having equivalent effect. It analyses the development of the jurisprudence relating to MEQR, and explains the provisions of Articles 35 (exports) and 37 TFEU (state monopolies). The chapter also addresses the underlying questions concerning the relationship between free movement and national regulatory competence. Finally, the chapter examines the provisions of Article 36 TFEU containing the derogation from the free movement of goods and considers proportionality and disguised restriction on trade. It also discusses the CJ’s jurisprudence on the rule of reason.
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This chapter examines the enforcement of legal actions against member states in violation of the provisions of the Treaty on the Functioning of the European Union (TFEU). This is termed the procedural law. It explains what constitutes a breach of TFEU provisions and the process of identifying and reporting violations. It provides examples of the procedures involved in breaches of Articles 258, 260, 259, and 278–279 of the TFEU. This chapter also considers the actions brought by one member state against another, suspensory orders, and interim measures, and describes alternative actions that can help secure compliance by member states.
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This chapter examines the restrictions on both access to, and exercise of, freedom of establishment and freedom to provide services by legal persons (companies, branches, agencies, and subsidiaries). It also discusses the Services Directive 2006/123 which in part codifies and in part develops the Court’s approach to both freedom of establishment and free movement of services.
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This chapter examines the restrictions on both access to, and exercise of, freedom of establishment and freedom to provide services by legal persons (companies, branches, agencies, and subsidiaries). It also discusses the Services Directive 2006/123 which in part codifies and in part develops the Court’s approach to both freedom of establishment and free movement of services.
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This chapter examines the enforcement rules for European Union (EU) law found in Articles 258, 259 and 114(4) of the Treaty on the functioning of the European Union (TFEU). It outlines the enforcement mechanism by focusing on the various stages of Article 258 TFEU and explains the discretionary powers of the Commission to initiate the proceedings. The chapter also provides the interpretation of the terms ‘reasoned opinion’ and ‘formal notice’ given by the Court of Justice (CJ). It describes the consequences of the failure to comply with the ruling from the CJ and the conditions under which financial penalties may be imposed upon Member States according to Article 260.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the scope of the right of the free movement of persons in the EU; the relevant Treaty provisions and secondary legislation provisions regarding the free movement of persons in the EU; the specific rights granted to workers and EU citizens under their general right of free movement, limitations on the rights of free movement as provided for in primary and secondary legislation; and the impact of Brexit on free movement rights.
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Niamh Nic Shuibhne
This chapter examines when Member States can lawfully displace the obligations placed on them by free movement law. Free movement rights can be restricted under EU law in two ways. For discriminatory or distinctly applicable restrictive measures, a derogation ground expressly provided for in the TFEU must be engaged. For indirectly or non-discriminatory measures, that is, indistinctly applicable restrictive measures, if an overriding requirement relating to the public interest can be demonstrated the measure will be lawful. In both cases, the restriction also has to satisfy a proportionality test, that is, it is both appropriate and necessary for achieving the relevant public interest objective.
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This chapter begins with an overview of the rules on the free movement of goods, and how the various provisions interrelate. It discusses the scope of the Treaty provisions on goods. It then examines Articles 30 and 110 TFEU. Article 30 TFEU prohibits both customs duties and charges having equivalent effect to a customs duty. Article 110 TFEU prohibits discriminatory or protective charges levied internally within a state. Cases on the borderline between Articles 30 TFEU and 110 TFEU are also considered.
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Articles 56–7 TFEU lay down the principle of freedom to provide services on a temporary basis by a person established in one Member State to a recipient established in another. This chapter first considers who is entitled to benefit from the services provisions and the rights they enjoy in respect of: (1) initial access to the market; (2) the exercise of the freedom; and (3) the enjoyment of social advantages.
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Articles 56–7 TFEU lay down the principle of freedom to provide services on a temporary basis by a person established in one Member State to a recipient established in another. This chapter first considers who is entitled to benefit from the services provisions and the rights they enjoy in respect of: (1) initial access to the market; (2) the exercise of the freedom; and (3) the enjoyment of social advantages.
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The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about EU competition. The questions on competition law range from a general overview question, to questions which surveys the basic concepts and requirements of Arts 101 and 102 TFEU. The 2007 Lisbon Treaty made little substantive change to the competition law provisions, which can be found in Arts 101–106 of the TFEU. More significant is the Competition Regulation 1/2003 and the Merger Regulation, 139/2004.
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This chapter provides an overview of the rules on the free movement of goods, and how the various provisions interrelate. It discusses the scope of the Treaty provisions on goods. It then turns to examine Articles 30 and 110 TFEU. Article 30 TFEU prohibits both customs duties and charges having equivalent effect to a customs duty. Article 110 TFEU applies to discriminatory or protective charges levied internally within a state. Cases on the borderline between Articles 30 TFEU and 110 TFEU are also considered: the situation of a charge imposed on a product not produced in the Member State (the so-called exotic import); para-fiscal charges (those charges that apply to all goods but are then refunded in some form to the domestic producer); and other levies which appear to apply to all goods but are in fact targeted at the imported good.
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This chapter examines the competition policy in the European Union (EU), discusses the economics of the social market, and describes the structure and objectives of EU competition provisions and policy. The chapter focuses on Articles 101 and 102 TFEU and covers the basic principles established by Regulation 1/2003. It highlights the decentralisation of the enforcement of competition policy. It also explores policies on competition with third countries. The chapter highlights the complexities that can arise when law and economics interact and reveals the difficult role of the Court of Justice (CJ) to make complex assessments of economics.
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This chapter examines the rules concerning free movement of payment and capital within the European Union provided in Articles 63, 64, 65 and 66 of the Treaty on the Functioning of the European Union (TFEU). It explains the scope of and derogations to the free movement of capital. The chapter also considers restrictions on free movement of capital between Member States and third countries. It highlights the willingness of the Court of Justice (CJ) to borrow principles (i.e. rule of reason) from the other freedoms. This chapter also considers briefly the provisions relating to monetary and economic union and the developments in the light of the financial crisis.
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Alison Jones and Christopher Townley
This chapter examines the two core competition rules that govern anti-competitive agreements (Article 101 TFEU) and abuse of a dominant position (Article 102 TFEU). It begins with an overview of EU competition law. It then discusses the enforcement and consequences of infringement; who Articles 101 and 102 TFEU apply to and when they apply. It also identifies anti-competitive agreements and conduct.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the enforcement of EU competition law. It covers the enforcement regime; burden of proof; the relationship between Articles 101 and 102 TFEU, and national competition laws; cooperation with national authorities; cooperation with national courts; the powers of the competition authorities of the Member States; the European Commission’s powers; safeguards for undertakings; the 2006 Leniency Notice; and private enforcement.
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This chapter considers the actions commenced before the Court of Justice. These include actions by the European Commission and other member states against a member state (Arts 258–60 TFEU); judicial review of acts of the institutions (Art 263 TFEU); the action against the institutions for a failure to act (Art 265 TFEU); actions for damages (Arts 268 and 340 TFEU); and also the right to plead the illegality of an EU regulation (Art 277 TFEU). The chapter also considers interim measures under Arts 278 and 279 TFEU and enforcement actions arising from the Commission enforcement of EU competition law against individuals.
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This chapter examines non-fiscal barriers to trade. Three Treaty provisions are relevant: Article 34 TFEU on imports; Article 35 TFEU on exports; and Article 36 TFEU containing derogations from Articles 34–5 TFEU. The discussions cover quantitative restrictions; measures having equivalent effect including the leading case of Cassis de Dijon; distinctly and indistinctly applicable measures; the principle of mutual recognition and Regulation 2019/515; the market access approach following Trailers; and Directive 2015/1535 on the provision of information for technical regulations.
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This chapter analyses direct actions filed before the Court of Justice of the European Union (CJEU) against European Union (EU) institutions. These include actions for damages for loss caused by an act of the Institutions under Articles 268 and 340 of the Treaty on the Functioning of the European Union (TFEU), action for failure of the institutions to act under Article 263 TFEU, and judicial review of EU acts under Article 263 TFEU. This chapter explains that the cases involving Article 263 TFEU and Article 340 TFEU received the most attention for their admissibility and merits. It also includes a consideration of Article 265 and 277 actions.
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This chapter examines European Union (EU) law concerning non-tariff barriers to free movement of goods. It describes member states’ attempts to influence imports and the way the European Commission and the European Court of Justice (CoJ) handled these issues. This chapter explains the provisions of the relevant legislation for non-tariff barriers, which include Articles 34, 36, and 35 of the Treaty on the Functioning of the European Union (TFEU). It also analyses example cases including ‘Dassonville’, ‘Cassis de Dijon’, and post ‘Keck’ case law. It concludes with a consideration of the latest trend of cases concerning product use and residual rules.
