ABSTRACT
J Understand the law relating to the prohibition of ‘quantitative restrictions’ and measures of ‘equivalent effect’ on imports and exports in Articles 34 and 35 TFEU
J Understand the meaning and scope of the Dassonville judgment
J Understand the meaning and scope of the Keck & Mithouard judgment
J Understand the derogations available to Member States under Article 36
J Understand the principles established in Cassis de Dijon, and their application
J Analyse critically the law relating to the free movement of goods
J Apply the law to factual situations involving the free movement of goods in the EU
14.1 The removal of non-fiscal barriers to trade In Chapter 15 we will examine how EU law has sought to prevent Member States from imposing fiscal barriers (in the forms of Customs charges and discriminatory taxation) to the free movement of goods. In this chapter, we will examine how EU law prevents Member States from imposing non-fiscal barriers. There is a potentially infinite variety of such barriers, from measures such as hygiene inspections at border crossing points to technical legislation prescribing the permitted amount of salt in bakery products or the shape of margarine tubs. National legislation making it a criminal offence to import pornographic videos or banning the advertising of junk food could all have the effect of imposing trade barriers.
