Free movement of goods (part I)

Free movement of goods

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?

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