DISCCUSSION Consider non-fiscal barriers to the free movement of goods: quantitative restrictions, in particular the quantitative restrictions and measures having equivalent effect on the free movement of goods regulated by Articles 34-37 TFEU. Article 34 TFEU is the central provision treaty, and it is quite unequivocal in its prohibition of quantitative restrictions in relation to imports between Member States. Article 35 TFEU creates a similar prohibition in relation to exports. 2) Explain the legal consequences of a measure being found to be of equivalent effect. 3) Critically examine the way(s) the ECJ has tested for whether a measure may fall into this category, paying particular attention to the distinction between direct and indirect discrimination caused by such restrictions.
DISCCUSSION Consider non-fiscal barriers to the free movement of goods: quantitative restrictions, in particular the quantitative restrictions and measures having equivalent effect on the free movement of goods regulated by Articles 34-37 TFEU. Article 34 TFEU is the central provision treaty, and it is quite unequivocal in its prohibition of quantitative restrictions in relation to imports between Member States. Article 35 TFEU creates a similar prohibition in relation to exports. 2) Explain the legal consequences of a measure being found to be of equivalent effect. 3) Critically examine the way(s) the ECJ has tested for whether a measure may fall into this category, paying particular attention to the distinction between direct and indirect discrimination caused by such restrictions.
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