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L4 - Internal Market: free movement of goods - Coggle Diagram

- - - - However, case Schmidt 112/00, involving a 1day motorway blockage met the criteria for action by the MS.
- - - - Falls outside of Art 34
    - - Does it affect imports?
        
        Yes
        
        QR or MEQR?
        
        Dictinctly applicable
        
        Indistinctly applicable
        
        Principle of mutual recognition is assumed
        
        No
        
        Outside Art 34
- - - - E.g. Buy Irish (campaign), Apple +Pear development, Henn +Darby (border controls), Simmental, Denkavit, Irish souvenirs.
  - - - Cassis de dijion
        
        Principle of mutual recognition: once goods have been lawfully marketed in one MS, they should be free o be marketed in any other member state without restriction. There should be no extra steps for imports into MS.
        
        Mandatory requirements doctrine, para 8: exemptions to principle of mutual recognition: effectiveness of fiscal supervision, protection of public health, fairness of commercial transactions and defence of the consumer. So, if MS can show indistinctly applicable measure taken can fall under Mandatory requirements doctrine, the measure does not fall short of Art 34. Must be the least restrictive measure MS could take to FMOG.
        
        Takes an effect based application to Dassonville.
      - Margarine
        
        Packaging requirements, made it more difficult for MS to enter the Belgian market due to increased cost of packaging requirements.
        
        Supports Cassis
        
        Found to fall short of Art 34, despite increased costs also for manufactures in Belgium. So many argue the CJEU went too far.