What is distinctly applicable measure?
Distinctly applicable measures are those which do not apply equally to domestic and imported goods whereby, indistinctly applicable measures apply to both domestic and imported goods equally and without distinction.
What are measures having equivalent effect?
What is a measure having equivalent effect? “ 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 equivalent effect to quantitative restrictions.”
What is QR and MEQR?
Quantitative restrictions (QR or Quotas) •! Measures having equivalent effect to a quantitative restriction (MEQR)
Are distinctly applicable measures discriminatory?
Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. 9. Steps taken under Article 36 TFEU must always be proportionate. 10.
Can distinctly applicable measures be justified?
Distinctly applicable measures are restriction, which is aimed, specifically imported goods that can only be justified on the basis of article 30 derogations. The courts derogations go somewhat further and wider than the treaty obligations.
What are the distinctly applicable measures with an equivalent effect to a quantitative restriction?
actually or potentially, intra-Community trade are Measures having Equivalent Effect to Quantitative Restrictions.
Can a quantitative restriction be justified?
Article 36 of the TFEU allows Member States to take measures having an effect equivalent to quantitative restrictions when these are justified by general, non-economic considerations (e.g. public morality, public policy or public security).
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 is mee EU law?
1. Definition of MEE. – Dassonville: ‘all trading rules enacted by Member States which are capable of. hindering, directly or indirectly, actually or potentially, intra-Community trade’ 2.
What does Article 34 prohibit?
THE TREATY PROVISIONS — 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 are distinctly and indistinctly applicable measures?
2.4 Distinctly and Indistinctly Applicable Measures National laws and rules that form barriers to the free movement of goods are either distinctly applicable measures or indistinctly applicable measures. Distinctly applicable measures are rules or laws that apply only to imported goods.
What is the difference between meqr and distinctly applicable measures?
The concept of MEQR is wider in scope than quantitative restrictions. MEQRs can be divided into two different scopes: Distinctly Applicable Measures: Measures which apply exclusively to imports or exports. Indistinctly Applicable Measures: Measures which apply to both imports or exports, AND domestic goods.
Which is distinctly applicable measure applies to both domestic and imported goods?
Distinctly applicable measures are those which do not apply equally to domestic and imported goods whereby, indistinctly applicable measures apply to both domestic and imported goods equally and without distinction.
How are indistctctly applicable measures treated in art 36?
Indistinctly applicable measures are treated more leniently and may be justified under |Art 36, or by reference to mandatory requirements. What type of measure was the Buy Irish campaign found to be in the Commission v Ireland (the Buy Irish case)?