(3) Non-Tariff Barriers to Trade

• What does Article 34 TFEU prohibit?

  Quantitative restrictions on imports and equivalent measures
• What does Article 35 TFEU prohibit?

  Quantitative restrictions on exports and equivalent measures
• What does Article 36 TFEU allow regarding trade restrictions?

  It allows restrictions justified on specific grounds
• What are the grounds for prohibitions under Article 36 TFEU?

  Public morality, health, national treasures, security
• What is the significance of the 'rule of reason' in Case 120/78 Cassis de Dijon?

  It assesses if measures satisfy mandatory requirements
• What does Case 2/73 Geddo v Ente Nationale Risi define?

  Measures that restrain imports, exports, or goods in transit
• What are permissible derogations under Article 36 TFEU?

  Justifications for restrictions without harmonization measures
• What does MEQR stand for?

  Measures Equivalent to Quantitative Restrictions
• What does Case 8/74 Procureur de Roi v Dassonville state about trading rules?

  They can hinder intra-Community trade
• What distinguishes distinctly applicable MEQRs from indistinctly applicable MEQRs?

  Distinctly applicable MEQRs target only imported goods
• What is the significance of the 'rule of reason' for indistinctly applicable MEQRs?

  It allows justification under Article 36 TFEU
• What does Article 36 TFEU require regarding discrimination?

  No arbitrary discrimination against imports allowed
• What is the proportionality requirement under Article 36 TFEU?

  Measures must be necessary and least restrictive
• What does the 1979 Cassis de Dijon case establish about mutual recognition?

  Goods lawfully produced in one MS accepted in others
• What are mandatory requirements in the context of the Cassis de Dijon ruling?

  Overriding interests justifying trade restrictions
• What must measures taken under the Cassis de Dijon ruling be?

  Proportionate to the desired policy outcome
• What does Case 261/81 Walter Rau v De Smedt illustrate about labeling?

  Clear labeling could achieve objectives with less trade obstacle
• What happens when EU harmonizing laws are adopted?

  Article 36 and Cassis de Dijon are not available
• What is the outcome of Case C-5/94 Hedley Lomas Ltd?

  Harmonization displaces mutual recognition
• What is the impact of the precautionary principle in health-related trade restrictions?

  Protective measures can be taken without full evidence
• How does the CJEU interpret Article 36 TFEU?

  It must be interpreted restrictively
• What does Case 34/79 Henn and Darby illustrate about public morality?

  Public morality can justify trade restrictions
• What is the significance of Case C-388/95 Belgium v Spain regarding designations of origin?

  It justified restrictions based on product quality
• What must Member States prove when invoking Article 36 TFEU?

  That measures do not constitute arbitrary discrimination
• What is the main focus of the 1979 Cassis de Dijon ruling?

  Mutual recognition of goods across Member States
• What does the term 'covert discrimination' refer to in trade law?

  Discrimination that affects imports and exports equally
• How does the CJEU view the grounds for derogation under Article 36?

  They are exhaustive and interpreted restrictively
• What is the role of the CJEU in interpreting trade laws?

  To ensure compliance with EU treaties
• What is the impact of consumer protection legislation on Article 36 TFEU?

  It complicates justifications for trade restrictions
• What is the significance of the term 'mandatory requirements' in trade law?

  They justify restrictions on trade under certain conditions
• What does the term 'arbitrary discrimination' mean in the context of Article 36 TFEU?

  Unjustified discrimination against imports
• What is the relationship between Article 30 TFEU and permissible derogations?

  Permissible derogations can be justified under Article 36
• How does the CJEU assess the necessity of trade restrictions?

  By evaluating if they are proportionate to the objective
• What is the outcome of Case 40/82 Commission v UK regarding trade restrictions?

  It highlighted the need to avoid arbitrary discrimination
• What does the term 'disguised restriction on trade' refer to?

  A measure that indirectly limits trade
• What is the significance of the precautionary principle in trade law?

  It allows protective measures without full evidence
• What does the term 'public policy' encompass in trade law?

  Justifications for trade restrictions based on societal values
• How does the CJEU interpret public security in trade restrictions?

  It allows measures necessary for national safety
• What is the impact of the 1979 Cassis de Dijon ruling on Member States?

  It places the burden of justification on them
• What does the term 'public morality' refer to in trade law?

  Standards of acceptable behavior in society