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Quantitative Restrictions

Quantitative Restrictions. Art 28 EC Treaty “Quantitative restrictions on imports and all measures having equivalent effect shall, without prejudice to the following provisions, be prohibited between Member States.”. What is a QR?. Geddo Case 2/73 [1973] Henn & Derby Case 34/79 [1979].

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Quantitative Restrictions

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  1. Quantitative Restrictions Art 28 EC Treaty “Quantitative restrictions on imports and all measures having equivalent effect shall, without prejudice to the following provisions, be prohibited between Member States.” R.Greaves

  2. What is a QR? • Geddo Case 2/73 [1973] • Henn & Derby Case 34/79 [1979] R.Greaves

  3. What is a measure having equivalent effect? • Directive 70/50 • 3 groups • Distinctly applicable (discriminatory) • Indistinctly applicable (dual burden) • Indistinctly applicable (equal burden) R.Greaves

  4. First Phase • Dassonville Case 8/74 “ All trading rules enacted by Member States which are capable of hindering directly or indirectly, actually or potentially, intra-Community trade are to be considered as measures having equivalent effect to quantitative restrictions.” R.Greaves

  5. Case-law examples • Commission v Ireland Case 249/81 [1982] • Rau Case 261/81 [1982] • Apple & Pear development Council v Lewis case 222/82 [1983] • R v Royal Pharmaceutical Society Case 266/87 [1989] • Commission v France C-265/95 [1997] R.Greaves

  6. Types of Measures • Import bans • Buy national campaigns • Inspections • Price regulation • Standards • Origin markings R.Greaves

  7. Phase II • Cassis de Dijon Case 120/78 [1979] ECJ: mutual recognition approach But Mandatory requirements allowed R.Greaves

  8. Mandatory requirements • Protection of public health • Effectiveness of fiscal supervision • Fairness of commercial transactions • Defence of the consumer R.Greaves

  9. Additions • Protection of the environment • Cultural protection • Working conditions R.Greaves

  10. Next topic Post-Cassis developments & the Keck & Mithouard ECJ ruling R.Greaves

  11. R.Greaves

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