Free movement of goods (parts I & 2)

Checklist

1. Does the measure adopted relate to goods = Art Treasures case?

 
2. Was the measure adopted by a Member State?
 
3. Is the measure a fiscal or non-fiscal? If non-fiscal, go to 6.
 
4. If it is fiscal, is the measure a customs duty or charge having equivalent
effect (Art. 30 TFEU)?
 
5. Could the charge be a fee for services rendered = Commission v Germany
(live animals) case; Carbonati Apuani case etc?
 
6. If it is not fiscal, is the measure a quantitative restriction = Geddo case? If
not, go to 9.
 
7. If it is a QR, does it pertain to imports or exports (Art. 34 or 35)?
 
8. Are there any potential derogations under Art.36? Has the principle of
proportionality been respected?
 
9. If it is not a QR, could it be a measure having an equivalent effect to a QR =
Dassonville case?
 
10. If so, what kind of MEQR is it? Distinctly = applied to imports/exports only?
 
11. If it is a distinctly applicable measure, are there any potential derogations
under Art.36? Has the principle of proportionality been respected?

12. If it is an IAM, are there any potential derogations under Art.36? Have the
rules under Cassis de Dijon (rule of mutual recognition; rule of reason) and
subsequent case law been respected? Has the principle of proportionality
been respected?
 
13. Could the measure be a selling arrangement according to the Keck
formula and subsequent case law (e.g. Gourmet)? If so, the measure is
outside the scope of Art.34 - no derogation required. If not, back to 12.
 
[See also the chart in PPT for Lecture on FMG II]