Nightfury79
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I'm struggling a bit with defining different barriers to trade as either a Quantitative Restriction or a MEQR. Can anyone help with what the main difference is?

My tutor has provided some examples concerning the import of a DVD player:

1) National rules as to how and where the headsets can be sold

2) National rules which relate to health and safety standards governing what a DVD player must look like

3) National rules relating to where they can be used

I think all maybe number 1 is a QR and the other two MEQR's but i'm not sure!

Thank you for any help
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jennii_
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Last year I had no idea what I was doing with FMG at all but as soon as you establish yourself a structure to work through it should hopefully click and you'll get it!

This is the structure i used for FMG problem questions!

To apply the provisions of Art 34 TFEU and the justifications in Art 36, follow these steps:

1. Is the ‘restriction’ within the scope of EU Law?
Are you dealing with free movement of goods? Services? Establishment?
Are you dealing with a measure of a member state? (vertical direct effect)
Is there horizontal direct effect? Does Art 34 apply in disputes between private
parties?
Is there a cross boarder element?

If you are dealing with free movement of goods, ask:
2. Is is the restriction a quantitative restriction?
A QR was defined in Geddo as ‘measures which amount to a total or partial restraint of, according to the circumstances, imports, exports, or goods in transit

For example, QRs would typically be quotas on imports or a ban on exports.

Such measures are inherently discriminatory – as they bear directly on the product – for import or export – and, as such, are automatically in violation of Art 34 or Art 35.

QRs can sometimes be saved if they can be justified by the Member State on one of the grounds in Art 36 but the CJEU adopts a strict interpretation of these derogations.

If a measure is a QR, move onto step 4.

If it is NOT ask:

3. Is it a measure of equivalent effect?
An intricate set of case law attempts to map out what qualifies for a measure having equivalent effect - IE. you want to be working through
- Dassonvile
- Cassis de Dijon
- Keck
- and the Market Access Line

If found it easiest to just take the measure in question and decide whether it would be held to be an MEE under each one, so:

Define the measure having equivalent effect:
- Is it a distinctly applicable as in Dassonville?
If yes move to Step 4 and Art 36 justifications. If not:

- Is it an Indistinctly applicable rule as in Cassis?
If yes move to Step 4 and Art 36 justifications PLUS mandatory requirements (also called ORPIs). If not:

- Is it a selling arrangement in breach of keck?
If yes move to Step 4 and Art 36 justifications PLUS mandatory requirements (also called ORPIs). If not:

- Can be classed as any other measure in breach of market access?
If yes move to Step 4 and Art 36 justifications PLUS mandatory requirements (also called ORPIs).


4. STEP 4 -Can the restriction be justified under Art 36 or court developed justification?


I hope this helps slightly!
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Nightfury79
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Thank you that does help!

I am still stuck on number 3, where the DVD can be used. Because it does amount to a partial restraint on imports ( constituting QR) but then there is the case of Commission v Italy which talks about trailers not being allowed in Italy which was an indistinctly applicable MEQR!!!
(Original post by jennii_)
Last year I had no idea what I was doing with FMG at all but as soon as you establish yourself a structure to work through it should hopefully click and you'll get it!

This is the structure i used for FMG problem questions!

To apply the provisions of Art 34 TFEU and the justifications in Art 36, follow these steps:

1. Is the ‘restriction’ within the scope of EU Law?
Are you dealing with free movement of goods? Services? Establishment?
Are you dealing with a measure of a member state? (vertical direct effect)
Is there horizontal direct effect? Does Art 34 apply in disputes between private
parties?
Is there a cross boarder element?

If you are dealing with free movement of goods, ask:
2. Is is the restriction a quantitative restriction?
A QR was defined in Geddo as ‘measures which amount to a total or partial restraint of, according to the circumstances, imports, exports, or goods in transit

For example, QRs would typically be quotas on imports or a ban on exports.

Such measures are inherently discriminatory – as they bear directly on the product – for import or export – and, as such, are automatically in violation of Art 34 or Art 35.

QRs can sometimes be saved if they can be justified by the Member State on one of the grounds in Art 36 but the CJEU adopts a strict interpretation of these derogations.

If a measure is a QR, move onto step 4.

If it is NOT ask:

3. Is it a measure of equivalent effect?
An intricate set of case law attempts to map out what qualifies for a measure having equivalent effect - IE. you want to be working through
- Dassonvile
- Cassis de Dijon
- Keck
- and the Market Access Line

If found it easiest to just take the measure in question and decide whether it would be held to be an MEE under each one, so:

Define the measure having equivalent effect:
- Is it a distinctly applicable as in Dassonville?
If yes move to Step 4 and Art 36 justifications. If not:

- Is it an Indistinctly applicable rule as in Cassis?
If yes move to Step 4 and Art 36 justifications PLUS mandatory requirements (also called ORPIs). If not:

- Is it a selling arrangement in breach of keck?
If yes move to Step 4 and Art 36 justifications PLUS mandatory requirements (also called ORPIs). If not:

- Can be classed as any other measure in breach of market access?
If yes move to Step 4 and Art 36 justifications PLUS mandatory requirements (also called ORPIs).


4. STEP 4 -Can the restriction be justified under Art 36 or court developed justification?


I hope this helps slightly!
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