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CONCEPTOS CLAVE PRIMER PARCIAL

Ratione materiae: expressions referring to competence by reason of the subject matter. We studied
a purely domestic case in C-434/09 Shirley McCarthy

Difference between tourism and emigration: tourists stays are usually consider temporary and
they don’t trigger the rights and obligations under the Residence Directive.

Differences between custom duty and tax:

- The custom duty is in no way of fiscal nature as it doesn’t contribute to the national budget
significantly.
- Custom duty is linked to the movement of goods
- Calculated based on the value of the goods

Cross Elasticity of Demand: the effect that the demand of one good or service has on the demand
of another (beer and wine in some countries)

Burden of the proof: in this cases is always on the court

Parallel Import: a parallel import is a non-counterfeit import without the permission of the
intellectual owner of the product (Dassonville case). Mostly positive to consumers.

Measure having equivalent effect to a quantitative restriction: trading rules enacted by Member
States which are capable of hindering, directly or indirectly, actually or potentially, intra-
Community trade

Distinctly/Indistinctly applicable measures: indistinctly applied measures apply to both imported

and nationally produced products while distinctly applicable are just applied to imported goods.

It's important to understand this difference because its easier to find it they measure is one having
equivalent effect if it is distinctly applicable. You have bigger scope to exception if it's indistinctly
applicable.

Direct effectiveness: enables individuals to immediately invoke a European provision before a

national or European court. This is the case of both articles 34 and 35 of the treaty

Cassis Doctrine/Principle (IMPORTANTE): That a product lawfully produced in one member

state should also be lawfully sold in any other member state (MUTUAL RECOGNITION OF
GOODS/PRODUCTS)

Keck principle (IMPORTANTE): In the absence of harmonization of legislation, obstacles to free

mov ment of goods which are the consequence of applying, to goods coming from other Member
States where they are lawfully manufactured and marketed, rules that lay down requirements to be
met by such goods (such as those relating to de ignation, form, size, weight, composition,
presentation, labelling, packaging) co stitute measures of equivalent effect prohibited by Article 30.
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In this case, the CJEU established a more precise and restrictive approach by distinguishing
between selling arrangements and product requirements. It held that selling arrangements, which
did not affect the characteristics of the product but related to how it was presented or sold, would
not be subject to the full force of EU law and thus fall outside the scope of Art. 30 of the TFEU.

The concept of average consumer when studying the influence of certain marketing or
characteristics of products on consumers behaviors. It differs from one country to another (the
american has less instinct for self-preservation than the European)

Restrictions on the movement of goods doesn’t only apply to inter-state trade but also to inside
movement of imports inside one member state (the French v Spanish strawberries case or the
Austrian demonstrators one). Article 30 does not prohibit only measures emanating from the State
which, in themselves, create restrictions on trade between Member States. It also applies where a
Member State abstains from adopting the measures required in order to deal with obstacles to the
free movement of goods

Most important articles

* Article 3(1) of the Residence Directive

* Articles 34 and 35 of the Treaty on Measures having equivalent Effect
* Article 36 on exceptions on certain grounds such as protecting the consumer, national interest…
* Article 37 on state monopolies of a commercial character
* Article 110 on the probation of taxation expressed in terms of product similarity (1st paragraph)
and of direct competition between the products (2nd)
* Article 10 of the European Convention for the Protection of Human Rights and Fundamental
Freedoms established freedom of speech as a right but also certain exceptions. The ECJ
acknowledges the importance of fundamental rights, but it highlights that these rights are not
absolute and may be limited if such limitations are necessary and proportionate to uphold the
fundamental objectives of the internal market.