What is the scope of Article 34 TFEU?
— 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 is an 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 the purpose of Articles 34 36 TFEU?
Articles 34-36 of the TFEU are one of the founding pillars for the free movement of goods in the EU single market as they prohibit restrictions on imports and exports and measures having equivalent effect, subject to certain public policy exemptions.
What action can the Commission take against a Member State for breaching EU law?
According to the EU treaties, the Commission may take legal action – an infringement procedure – against an EU country that fails to implement EU law. The Commission may refer the issue to the Court of Justice, which in certain cases, can impose financial penalties.
Can the European Commission take an action against a Member State to force compliance with EU law?
The complaint to the European Commission An individual may lodge a complaint with the Commission on its website against a Member State for any law, regulation, administrative action or practice which they consider incompatible with a Treaty provision or a principle of EU law.
Is the UK still under the ECJ?
While we remain in the ECJ we can have UK judges appointed to it and it allows our citizens and businesses to take cases when their rights or obligations under EU law are not being upheld.
What does CJEU stand for?
Court of Justice of the European Union (CJEU)
What is an action for annulment in EU law?
An action for annulment is a legal procedure before the Court of Justice that guarantees the conformity of EU legislative acts, regulatory acts and individual acts with the superior rules of the EU legal order. An action can be brought within two months of the publication or notification of the contested measure.
What is the Cassis rule of reason?
If a measure is a IA, it may be allowed under the “rule of reason” – which has become known as the Cassis 1st principle. The rule of reason recognises that a restriction may be necessary in order to satisfy mandatory requirements relating to: effectiveness of fiscal supervision. public health.
What does Chee stand for EU law?
Charges Having Equivalent Effect
Charges Having Equivalent Effect (CHEE) The customs union prohibits the charging of any duties on imports and exports within member states of the EU or the levying of any charge having the equivalent effect as a customs duty (CHEE).