What is the Dassonville test?

In its Dassonville decision, the ECJ held that “[a]ll 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 an effect equivalent to quantitative restrictions.”125 Such rules thus potentially …

What is MEQR?

MEQR is defined as “all trading rules enacted by a member state which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade.” The definition is very broad and encompasses a variety of diverse forms of obstruction.

What does Article 34 TFEU prohibit?

— Article 34 TFEU, which relates to intra-EU imports and prohibits ‘quantitative restrictions and all measures having equivalent effect’ between Member States; it reads ‘Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’.

What is an indistinctly applicable measure?

In van Binsbergen, the Court of Justice established that indistinctly applicable measures (ie those that are indirectly discriminatory or merely restrictive) could be justified on the ground of imperative requirements in addition to the Treaty derogations provided under Article 52 TFEU.

What is the significance of the Dassonville case?

Procureur du Roi v Benoît and Gustave Dassonville (1974) Case 8/74 is an EU law case of the European Court of Justice, in which a ‘distinctly applicable measure of equivalent effect’ to a quantitative restriction of trade in the European Union was held to exist on a Scotch whisky imported from France.

What is the Cassis de Dijon principle?

The «Cassis de Dijon principle» stipulates that a product which complies with the technical regulations of the EU, a member state of the EU or that of the EEA, and is legally placed on the market in one of these member states, may in principle be placed on the Swiss market without any further controls (art.

What is QR and MEQR?

Quantitative restrictions (QR or Quotas) •! Measures having equivalent effect to a quantitative restriction (MEQR)

What MEQR was Dassonville?

Dassonville : ECJ first defined MEQR / trading rules .. capable of hindering directly or indirectly, actually or potentially, intra-Community trade…

What is the Article 34?

Article 34 Restriction on rights conferred by this Part while martial law is in force in any area – Constitution of India.

What is MHEE EU law?

As a result, the court came up with the following definition of MHEE: ‘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 an effect equivalent to quantitative restrictions’ (Woods & …

What are quantitative restrictions?

Definition: Specific limits on the quantity or value of goods that can be imported (or exported) during a specific time period. Context: An example is an import quota, where a quantitative restriction on the level of imports is imposed by a country.