eu law essay free movement of goods

• Search Menu
• Browse content in Arts and Humanities
• Browse content in Archaeology
• Anglo-Saxon and Medieval Archaeology
• Archaeological Methodology and Techniques
• Archaeology by Region
• Archaeology of Religion
• Archaeology of Trade and Exchange
• Biblical Archaeology
• Contemporary and Public Archaeology
• Environmental Archaeology
• Historical Archaeology
• History and Theory of Archaeology
• Industrial Archaeology
• Landscape Archaeology
• Mortuary Archaeology
• Prehistoric Archaeology
• Underwater Archaeology
• Urban Archaeology
• Zooarchaeology
• Browse content in Architecture
• Architectural Structure and Design
• History of Architecture
• Residential and Domestic Buildings
• Theory of Architecture
• Browse content in Art
• Art Subjects and Themes
• History of Art
• Industrial and Commercial Art
• Theory of Art
• Biographical Studies
• Byzantine Studies
• Browse content in Classical Studies
• Classical Literature
• Classical Reception
• Classical History
• Classical Philosophy
• Classical Mythology
• Classical Art and Architecture
• Classical Oratory and Rhetoric
• Greek and Roman Archaeology
• Greek and Roman Epigraphy
• Greek and Roman Law
• Greek and Roman Papyrology
• Late Antiquity
• Religion in the Ancient World
• Digital Humanities
• Browse content in History
• Colonialism and Imperialism
• Diplomatic History
• Environmental History
• Genealogy, Heraldry, Names, and Honours
• Genocide and Ethnic Cleansing
• Historical Geography
• History by Period
• History of Agriculture
• History of Education
• History of Emotions
• History of Gender and Sexuality
• Industrial History
• Intellectual History
• International History
• Labour History
• Legal and Constitutional History
• Local and Family History
• Maritime History
• Military History
• National Liberation and Post-Colonialism
• Oral History
• Political History
• Public History
• Regional and National History
• Revolutions and Rebellions
• Slavery and Abolition of Slavery
• Social and Cultural History
• Theory, Methods, and Historiography
• Urban History
• World History
• Browse content in Language Teaching and Learning
• Language Learning (Specific Skills)
• Language Teaching Theory and Methods
• Browse content in Linguistics
• Applied Linguistics
• Cognitive Linguistics
• Computational Linguistics
• Forensic Linguistics
• Grammar, Syntax and Morphology
• Historical and Diachronic Linguistics
• History of English
• Language Variation
• Language Families
• Language Acquisition
• Language Evolution
• Language Reference
• Lexicography
• Linguistic Theories
• Linguistic Typology
• Linguistic Anthropology
• Phonetics and Phonology
• Psycholinguistics
• Sociolinguistics
• Translation and Interpretation
• Writing Systems
• Browse content in Literature
• Bibliography
• Children's Literature Studies
• Literary Studies (Modernism)
• Literary Studies (Asian)
• Literary Studies (European)
• Literary Studies (Eco-criticism)
• Literary Studies (Romanticism)
• Literary Studies (American)
• Literary Studies - World
• Literary Studies (1500 to 1800)
• Literary Studies (19th Century)
• Literary Studies (20th Century onwards)
• Literary Studies (African American Literature)
• Literary Studies (British and Irish)
• Literary Studies (Early and Medieval)
• Literary Studies (Fiction, Novelists, and Prose Writers)
• Literary Studies (Gender Studies)
• Literary Studies (Graphic Novels)
• Literary Studies (History of the Book)
• Literary Studies (Plays and Playwrights)
• Literary Studies (Poetry and Poets)
• Literary Studies (Postcolonial Literature)
• Literary Studies (Queer Studies)
• Literary Studies (Science Fiction)
• Literary Studies (Travel Literature)
• Literary Studies (War Literature)
• Literary Studies (Women's Writing)
• Literary Theory and Cultural Studies
• Mythology and Folklore
• Shakespeare Studies and Criticism
• Browse content in Media Studies
• Browse content in Music
• Applied Music
• Dance and Music
• Ethics in Music
• Ethnomusicology
• Gender and Sexuality in Music
• Medicine and Music
• Music Cultures
• Music and Culture
• Music and Religion
• Music and Media
• Music Education and Pedagogy
• Music Theory and Analysis
• Musical Scores, Lyrics, and Libretti
• Musical Structures, Styles, and Techniques
• Musicology and Music History
• Performance Practice and Studies
• Race and Ethnicity in Music
• Sound Studies
• Browse content in Performing Arts
• Browse content in Philosophy
• Aesthetics and Philosophy of Art
• Epistemology
• Feminist Philosophy
• History of Western Philosophy
• Metaphysics
• Moral Philosophy
• Non-Western Philosophy
• Philosophy of Action
• Philosophy of Law
• Philosophy of Religion
• Philosophy of Science
• Philosophy of Language
• Philosophy of Mind
• Philosophy of Perception
• Philosophy of Mathematics and Logic
• Practical Ethics
• Social and Political Philosophy
• Browse content in Religion
• Biblical Studies
• Christianity
• East Asian Religions
• History of Religion
• Judaism and Jewish Studies
• Qumran Studies
• Religion and Education
• Religion and Health
• Religion and Politics
• Religion and Science
• Religion and Law
• Religion and Art, Literature, and Music
• Religious Studies
• Browse content in Society and Culture
• Cookery, Food, and Drink
• Cultural Studies
• Customs and Traditions
• Ethical Issues and Debates
• Hobbies, Games, Arts and Crafts
• Lifestyle, Home, and Garden
• Natural world, Country Life, and Pets
• Popular Beliefs and Controversial Knowledge
• Sports and Outdoor Recreation
• Technology and Society
• Travel and Holiday
• Visual Culture
• Browse content in Law
• Arbitration
• Browse content in Company and Commercial Law
• Commercial Law
• Company Law
• Browse content in Comparative Law
• Systems of Law
• Competition Law
• Browse content in Constitutional and Administrative Law
• Government Powers
• Judicial Review
• Local Government Law
• Military and Defence Law
• Parliamentary and Legislative Practice
• Construction Law
• Contract Law
• Browse content in Criminal Law
• Criminal Procedure
• Criminal Evidence Law
• Sentencing and Punishment
• Employment and Labour Law
• Environment and Energy Law
• Browse content in Financial Law
• Banking Law
• Insolvency Law
• History of Law
• Human Rights and Immigration
• Intellectual Property Law
• Browse content in International Law
• Private International Law and Conflict of Laws
• Public International Law
• IT and Communications Law
• Jurisprudence and Philosophy of Law
• Law and Society
• Law and Politics
• Browse content in Legal System and Practice
• Courts and Procedure
• Legal Skills and Practice
• Primary Sources of Law
• Regulation of Legal Profession
• Medical and Healthcare Law
• Browse content in Policing
• Criminal Investigation and Detection
• Police and Security Services
• Police Procedure and Law
• Police Regional Planning
• Browse content in Property Law
• Personal Property Law
• Study and Revision
• Terrorism and National Security Law
• Browse content in Trusts Law
• Wills and Probate or Succession
• Browse content in Medicine and Health
• Browse content in Allied Health Professions
• Arts Therapies
• Clinical Science
• Dietetics and Nutrition
• Occupational Therapy
• Operating Department Practice
• Physiotherapy
• Radiography
• Speech and Language Therapy
• Browse content in Anaesthetics
• General Anaesthesia
• Neuroanaesthesia
• Browse content in Clinical Medicine
• Acute Medicine
• Cardiovascular Medicine
• Clinical Genetics
• Clinical Pharmacology and Therapeutics
• Dermatology
• Endocrinology and Diabetes
• Gastroenterology
• Genito-urinary Medicine
• Geriatric Medicine
• Infectious Diseases
• Medical Oncology
• Medical Toxicology
• Pain Medicine
• Palliative Medicine
• Rehabilitation Medicine
• Respiratory Medicine and Pulmonology
• Rheumatology
• Sleep Medicine
• Sports and Exercise Medicine
• Clinical Neuroscience
• Community Medical Services
• Critical Care
• Emergency Medicine
• Forensic Medicine
• Haematology
• History of Medicine
• Medical Ethics
• Browse content in Medical Dentistry
• Oral and Maxillofacial Surgery
• Paediatric Dentistry
• Restorative Dentistry and Orthodontics
• Surgical Dentistry
• Browse content in Medical Skills
• Clinical Skills
• Communication Skills
• Nursing Skills
• Surgical Skills
• Medical Statistics and Methodology
• Browse content in Neurology
• Clinical Neurophysiology
• Neuropathology
• Nursing Studies
• Browse content in Obstetrics and Gynaecology
• Gynaecology
• Occupational Medicine
• Ophthalmology
• Otolaryngology (ENT)
• Browse content in Paediatrics
• Neonatology
• Browse content in Pathology
• Chemical Pathology
• Clinical Cytogenetics and Molecular Genetics
• Histopathology
• Medical Microbiology and Virology
• Patient Education and Information
• Browse content in Pharmacology
• Psychopharmacology
• Browse content in Popular Health
• Caring for Others
• Complementary and Alternative Medicine
• Self-help and Personal Development
• Browse content in Preclinical Medicine
• Cell Biology
• Molecular Biology and Genetics
• Reproduction, Growth and Development
• Primary Care
• Professional Development in Medicine
• Browse content in Psychiatry
• Addiction Medicine
• Child and Adolescent Psychiatry
• Forensic Psychiatry
• Learning Disabilities
• Old Age Psychiatry
• Psychotherapy
• Browse content in Public Health and Epidemiology
• Epidemiology
• Public Health
• Browse content in Radiology
• Clinical Radiology
• Interventional Radiology
• Nuclear Medicine
• Radiation Oncology
• Reproductive Medicine
• Browse content in Surgery
• Cardiothoracic Surgery
• Gastro-intestinal and Colorectal Surgery
• General Surgery
• Neurosurgery
• Paediatric Surgery
• Peri-operative Care
• Plastic and Reconstructive Surgery
• Surgical Oncology
• Transplant Surgery
• Trauma and Orthopaedic Surgery
• Vascular Surgery
• Browse content in Science and Mathematics
• Browse content in Biological Sciences
• Aquatic Biology
• Biochemistry
• Bioinformatics and Computational Biology
• Developmental Biology
• Ecology and Conservation
• Evolutionary Biology
• Genetics and Genomics
• Microbiology
• Molecular and Cell Biology
• Natural History
• Plant Sciences and Forestry
• Research Methods in Life Sciences
• Structural Biology
• Systems Biology
• Zoology and Animal Sciences
• Browse content in Chemistry
• Analytical Chemistry
• Computational Chemistry
• Crystallography
• Environmental Chemistry
• Industrial Chemistry
• Inorganic Chemistry
• Materials Chemistry
• Medicinal Chemistry
• Mineralogy and Gems
• Organic Chemistry
• Physical Chemistry
• Polymer Chemistry
• Study and Communication Skills in Chemistry
• Theoretical Chemistry
• Browse content in Computer Science
• Artificial Intelligence
• Computer Architecture and Logic Design
• Game Studies
• Human-Computer Interaction
• Mathematical Theory of Computation
• Programming Languages
• Software Engineering
• Systems Analysis and Design
• Virtual Reality
• Browse content in Computing
• Business Applications
• Computer Games
• Computer Security
• Computer Networking and Communications
• Digital Lifestyle
• Graphical and Digital Media Applications
• Operating Systems
• Browse content in Earth Sciences and Geography
• Atmospheric Sciences
• Environmental Geography
• Geology and the Lithosphere
• Maps and Map-making
• Meteorology and Climatology
• Oceanography and Hydrology
• Palaeontology
• Physical Geography and Topography
• Regional Geography
• Soil Science
• Urban Geography
• Browse content in Engineering and Technology
• Agriculture and Farming
• Biological Engineering
• Civil Engineering, Surveying, and Building
• Electronics and Communications Engineering
• Energy Technology
• Engineering (General)
• Environmental Science, Engineering, and Technology
• History of Engineering and Technology
• Mechanical Engineering and Materials
• Technology of Industrial Chemistry
• Transport Technology and Trades
• Browse content in Environmental Science
• Applied Ecology (Environmental Science)
• Conservation of the Environment (Environmental Science)
• Environmental Sustainability
• Environmentalist Thought and Ideology (Environmental Science)
• Management of Land and Natural Resources (Environmental Science)
• Natural Disasters (Environmental Science)
• Nuclear Issues (Environmental Science)
• Pollution and Threats to the Environment (Environmental Science)
• Social Impact of Environmental Issues (Environmental Science)
• History of Science and Technology
• Browse content in Materials Science
• Ceramics and Glasses
• Composite Materials
• Metals, Alloying, and Corrosion
• Nanotechnology
• Browse content in Mathematics
• Applied Mathematics
• Biomathematics and Statistics
• History of Mathematics
• Mathematical Education
• Mathematical Finance
• Mathematical Analysis
• Numerical and Computational Mathematics
• Probability and Statistics
• Pure Mathematics
• Browse content in Neuroscience
• Cognition and Behavioural Neuroscience
• Development of the Nervous System
• Disorders of the Nervous System
• History of Neuroscience
• Invertebrate Neurobiology
• Molecular and Cellular Systems
• Neuroendocrinology and Autonomic Nervous System
• Neuroscientific Techniques
• Sensory and Motor Systems
• Browse content in Physics
• Astronomy and Astrophysics
• Atomic, Molecular, and Optical Physics
• Biological and Medical Physics
• Classical Mechanics
• Computational Physics
• Condensed Matter Physics
• Electromagnetism, Optics, and Acoustics
• History of Physics
• Mathematical and Statistical Physics
• Measurement Science
• Nuclear Physics
• Particles and Fields
• Plasma Physics
• Quantum Physics
• Relativity and Gravitation
• Semiconductor and Mesoscopic Physics
• Browse content in Psychology
• Affective Sciences
• Clinical Psychology
• Cognitive Neuroscience
• Cognitive Psychology
• Criminal and Forensic Psychology
• Developmental Psychology
• Educational Psychology
• Evolutionary Psychology
• Health Psychology
• History and Systems in Psychology
• Music Psychology
• Neuropsychology
• Organizational Psychology
• Psychological Assessment and Testing
• Psychology of Human-Technology Interaction
• Psychology Professional Development and Training
• Research Methods in Psychology
• Social Psychology
• Browse content in Social Sciences
• Browse content in Anthropology
• Anthropology of Religion
• Human Evolution
• Medical Anthropology
• Physical Anthropology
• Regional Anthropology
• Social and Cultural Anthropology
• Theory and Practice of Anthropology
• Browse content in Business and Management
• Business History
• Business Strategy
• Business Ethics
• Business and Government
• Business and Technology
• Business and the Environment
• Comparative Management
• Corporate Governance
• Corporate Social Responsibility
• Entrepreneurship
• Health Management
• Human Resource Management
• Industrial and Employment Relations
• Industry Studies
• Information and Communication Technologies
• International Business
• Knowledge Management
• Management and Management Techniques
• Operations Management
• Organizational Theory and Behaviour
• Pensions and Pension Management
• Public and Nonprofit Management
• Strategic Management
• Supply Chain Management
• Browse content in Criminology and Criminal Justice
• Criminal Justice
• Criminology
• Forms of Crime
• International and Comparative Criminology
• Youth Violence and Juvenile Justice
• Development Studies
• Browse content in Economics
• Agricultural, Environmental, and Natural Resource Economics
• Asian Economics
• Behavioural Finance
• Behavioural Economics and Neuroeconomics
• Econometrics and Mathematical Economics
• Economic Methodology
• Economic Systems
• Economic History
• Economic Development and Growth
• Financial Markets
• Financial Institutions and Services
• General Economics and Teaching
• Health, Education, and Welfare
• History of Economic Thought
• International Economics
• Labour and Demographic Economics
• Law and Economics
• Macroeconomics and Monetary Economics
• Microeconomics
• Public Economics
• Urban, Rural, and Regional Economics
• Welfare Economics
• Browse content in Education
• Adult Education and Continuous Learning
• Care and Counselling of Students
• Early Childhood and Elementary Education
• Educational Equipment and Technology
• Educational Strategies and Policy
• Higher and Further Education
• Organization and Management of Education
• Philosophy and Theory of Education
• Schools Studies
• Secondary Education
• Teaching of a Specific Subject
• Teaching of Specific Groups and Special Educational Needs
• Teaching Skills and Techniques
• Browse content in Environment
• Applied Ecology (Social Science)
• Climate Change
• Conservation of the Environment (Social Science)
• Environmentalist Thought and Ideology (Social Science)
• Natural Disasters (Environment)
• Social Impact of Environmental Issues (Social Science)
• Browse content in Human Geography
• Cultural Geography
• Economic Geography
• Political Geography
• Browse content in Interdisciplinary Studies
• Communication Studies
• Museums, Libraries, and Information Sciences
• Browse content in Politics
• African Politics
• Asian Politics
• Chinese Politics
• Comparative Politics
• Conflict Politics
• Elections and Electoral Studies
• Environmental Politics
• European Union
• Foreign Policy
• Gender and Politics
• Human Rights and Politics
• Indian Politics
• International Relations
• International Organization (Politics)
• International Political Economy
• Irish Politics
• Latin American Politics
• Middle Eastern Politics
• Political Theory
• Political Methodology
• Political Communication
• Political Philosophy
• Political Sociology
• Political Behaviour
• Political Economy
• Political Institutions
• Politics and Law
• Public Administration
• Public Policy
• Quantitative Political Methodology
• Regional Political Studies
• Russian Politics
• Security Studies
• State and Local Government
• UK Politics
• US Politics
• Browse content in Regional and Area Studies
• African Studies
• Asian Studies
• East Asian Studies
• Japanese Studies
• Latin American Studies
• Middle Eastern Studies
• Native American Studies
• Scottish Studies
• Browse content in Research and Information
• Research Methods
• Browse content in Social Work
• Addictions and Substance Misuse
• Adoption and Fostering
• Care of the Elderly
• Child and Adolescent Social Work
• Couple and Family Social Work
• Developmental and Physical Disabilities Social Work
• Direct Practice and Clinical Social Work
• Emergency Services
• Human Behaviour and the Social Environment
• International and Global Issues in Social Work
• Mental and Behavioural Health
• Social Justice and Human Rights
• Social Policy and Advocacy
• Social Work and Crime and Justice
• Social Work Macro Practice
• Social Work Practice Settings
• Social Work Research and Evidence-based Practice
• Welfare and Benefit Systems
• Browse content in Sociology
• Childhood Studies
• Community Development
• Comparative and Historical Sociology
• Economic Sociology
• Gender and Sexuality
• Gerontology and Ageing
• Health, Illness, and Medicine
• Marriage and the Family
• Migration Studies
• Occupations, Professions, and Work
• Organizations
• Population and Demography
• Race and Ethnicity
• Social Theory
• Social Movements and Social Change
• Social Research and Statistics
• Social Stratification, Inequality, and Mobility
• Sociology of Religion
• Sociology of Education
• Sport and Leisure
• Urban and Rural Studies
• Browse content in Warfare and Defence
• Defence Strategy, Planning, and Research
• Land Forces and Warfare
• Military Administration
• Military Life and Institutions
• Naval Forces and Warfare
• Other Warfare and Defence Issues
• Peace Studies and Conflict Resolution
• Weapons and Equipment

EU Law of Free Movement of Goods and Customs Union

• Cite Icon Cite
• Permissions Icon Permissions

This work gives a practical overview of the legal aspects of the Free Movement of Goods and the working of the Customs Union within the European Union and their interpretation and application by the Court of Justice of the European Communities. The essential purpose of the free movement of goods and customs provisions of the EC Treaty is to contribute to the establishment of a common market that will ensure, amongst other things, free trade in goods between member states. The free movement of goods is the primary pillar on which the internal market within the European Community - the heart of the EU - is based. This book analyses the operation of the customs union, with detailed treatment of the Community Customs Code and its implementing and associated measures. It also discusses the elimination of customs duties and charges having equivalent effect, and the elimination of quantitative restrictions and measures having equivalent effect in trade between Member States. It concludes with coverage of state monopolies of a commercial character, and the nuclear common market. It derives from a section in the looseleaf Law of the EU (Vaughan and Robertson, eds), and is made available here for the benefit of those who do not subscribe to the looseleaf.

Signed in as

Institutional accounts.

• Google Scholar Indexing
• GoogleCrawler [DO NOT DELETE]

Personal account

• Sign in with email/username & password
• Get email alerts
• Save searches
• Purchase content
• Activate your purchase/trial code

Institutional access

• Sign in with a library card Sign in with username/password Recommend to your librarian
• Institutional account management
• Get help with access

Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:

IP based access

Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.

Sign in through your institution

Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.

• Click Sign in through your institution.
• Select your institution from the list provided, which will take you to your institution's website to sign in.
• When on the institution site, please use the credentials provided by your institution. Do not use an Oxford Academic personal account.
• Following successful sign in, you will be returned to Oxford Academic.

If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.

Sign in with a library card

Enter your library card number to sign in. If you cannot sign in, please contact your librarian.

Society Members

Society member access to a journal is achieved in one of the following ways:

Sign in through society site

Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:

• Click Sign in through society site.
• When on the society site, please use the credentials provided by that society. Do not use an Oxford Academic personal account.

If you do not have a society account or have forgotten your username or password, please contact your society.

Sign in using a personal account

Some societies use Oxford Academic personal accounts to provide access to their members. See below.

A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.

Some societies use Oxford Academic personal accounts to provide access to their members.

Viewing your signed in accounts

Click the account icon in the top right to:

• View your signed in personal account and access account management features.
• View the institutional accounts that are providing access.

Signed in but can't access content

Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.

For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.

Our books are available by subscription or purchase to libraries and institutions.

• About Oxford Academic
• Publish journals with us
• University press partners
• What we publish
• New features  
• Open access
• Rights and permissions
• Accessibility
• Advertising
• Media enquiries
• Oxford University Press
• Oxford Languages
• University of Oxford

Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide

• Copyright © 2024 Oxford University Press
• Cookie settings
• Cookie policy
• Privacy policy
• Legal notice

Free movement of goods

Glossary of summaries

• Print this page

  Multilingual display

One of the keystones of the European Union (EU) internal market is the principle of the free movement of goods – the creation and development of an area without internal borders, where there are no unjustified restrictions to trade between EU Member States. The free movement of goods is one of the four fundamental economic freedoms laid down in the EU founding treaties, the other three being the free movement of capital , services and people .

The free movement of goods in the EU has been achieved by:

• eliminating customs duties on imports and exports, and all charges having an equivalent effect;
• prohibiting quantitative restrictions (quotas) on imports and exports, and measures having an equivalent effect (essentially, all trading rules enacted by Member States, which could directly or indirectly, actually or potentially hinder trade within the EU); and
• removing non-tariff barriers by harmonising national legislations, eliminating barriers arising from divergent national rules by agreeing common rules, to guarantee both the free movement of goods and to respect other EU objectives, such as environmental and consumer protection.

To avoid the long process of negotiating detailed harmonised rules, the EU adopted what is known as the ‘new approach’ to harmonisation, proposed in the European Commission’s 1985 White Paper on the completion of the internal market, the guiding principle being the principle of mutual recognition of goods lawfully marketed in one Member State. Legislative harmonisation is limited to agreeing on essential (performance or functional) requirements, while technical specifications for products meeting the essential requirements are be laid down in harmonised voluntary standards. Goods meeting these requirements can be marketed throughout the EU.

The legal bases for EU legislation on the free movement of goods are laid down in Title II – Free Movement of Goods – Articles 28 to 37 of the Treaty on the Functioning of the European Union (TFEU).

• Competition
• Consumer protection
• European Commission
• European Union
• Free movement of capital
• Free movement of services
• Free movement of workers
• Internal market
• White Paper
• Accessibility of products and services (summary)
• Accreditation and market surveillance (summary)
• Mutual recognition in the EU’s single market (summary)
• Mutual recognition of goods (summary)
• Product safety: general rules (summary)
• Uniform conditions for the marketing of safe products in the EU (conformity marking) (summary)
• Single market for goods – website (European Commission).

• Register or Log In
• 0) { document.location='/search/'+document.getElementById('quicksearch').value.trim().toLowerCase(); }">

Chapter 5 Outline answers to essay questions

'The free movement of goods is an essential element of the internal market and both EU legislation and the decisions of the Court of Justice support the achievement of this aspect of economic integration. However, the EU internal market is imperfect, so far as goods are concerned. There remain impediments to free movement which are not only embedded in the legislation but also arise from the case law of the Court of Justice.'

In the light of this statement, critically discuss the extent to which EU legislation and the case law of the Court of Justice ensure the free movement of goods in the internal market.

Introduction

• The internal market, four freedoms, Article 26 TFEU.
• Free movement of goods is a fundamental EU principle and key to economic integration.

Ensuring the free movement of goods – EU legislation and the case law of the Court of Justice

• Article 30: tariff barriers – customs duties/CEE.
• Article 34/35 non-tariff barriers – quantitative restrictions/MEQRs.
• Article 110 discriminatory taxation.
• The Court of Justice interprets the provisions broadly, in support of economic integration.
• Positive integration: the harmonization programme; principle of mutual recognition.

Article 30: prohibition of tariff barriers to trade

• Customs duties (define,  Diamonds ) – easily identified so unlikely to occur.
• Scope of tariff barriers drawn widely by inclusion of CEEs (define,  Diamonds ).
• Charges must satisfy benefit to importer ( Statistical Levy ) and proportionality ( Customs Warehouses ) – narrowly drawn conditions – to fall outside Article 30
• No derogation in relation to Article 30.
• Protectionist intent is irrelevant in relation to Article 30 – freedom of cross-border trade is paramount ( Diamonds ).

Article 34: prohibition of non-tariff barriers to trade

• Scope of non-tariff barriers is wide, comprising quantitative restrictions and all measures having equivalent effect (Article 34 on imports).
• Quantitative restrictions include both import/export quotas and bans ( Geddo ).
• Court of Justice – wide definition of MEQRs –  Dassonville  'all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade' – also Directive 70/50 covering both distinctly (eg  San Jose Scale ,  Dassonville ) and indistinctly applicable measures (eg  Cassis ,  Walter Rau ).
• Note, however, the proviso on 'reasonable' restraints that is pursued later in  Cassis de Dijon.
• However, the Court of Justice has placed limits on the scope of 'MEQR'.  Keck provides that 'selling arrangements' having no greater impact on imports than on domestic products fall outside Article 34. Note subsequent cases on 'selling arrangements':  Tankstation 't Heukske  (shop opening hours),  Commission  v   Greece (restrictions on the kinds of retail outlets from which certain goods can be sold),  De Agostini  (product advertising).

  Article 110: prohibition of discriminatory internal taxation

• The recognition that restrictions can arise from charges/levies/taxes that are imposed other than by virtue of importation. Prohibition of discriminatory internal taxation (Article 110) – systems of internal dues – ( Denkavit  definition).
• Court of Justice held that Article 110 covers both direct discrimination ( Lütticke ) and indirect discrimination ( Humblot ).
• Paragraphs 1 and 2 together have wide scope – equal taxation for 'similar' products (paragraph 1) – no advantage to domestic products where similarity cannot be established but nevertheless products are in competition (paragraph 2).

Harmonization: positive integration

• Harmonization: elimination of disparities between national product standards hindering interstate trade – sets binding EU-wide standards.
• Harmonizing measures preclude further restrictions by Member States in the relevant area.

Exceptions/impediments to free movement of goods

Article 36 derogation and  Cassis

This part of the answer requires a full analysis of the Article 36 derogation and the  Cassis principles. You should draw out the similarities and differences and underline the heavy burden on states seeking to derogate. Like all exceptions from the from the free movement rules, the provisions are interpreted restrictively by the Court of Justice. The following points should be included:

• Exceptions apply only where there are no EU harmonizing measures covering the interest concerned.
• Exceptions apply to Article 34 only – no justifications for breaches of Article 30, though possible to exclude charges from scope of Article 30.
• Court of Justice has accepted objective justification of indirect taxation, but this is outside scope of Article 36,  Cassis  and considered below.
• Both distinctly and indistinctly applicable measures may be justified – note the scope of Article 36 and  Cassis,  respectively, here.
• The Court of Justice requires evidence of the risk/threat (eg  San Jose Scale ).
• Article 36 grounds (set them out) are apparently wide but have been interpreted restrictively – the list is exhaustive ( Irish Souvenirs ).
• Article 36 – proportionality requirement often an insurmountable hurdle for Member States (eg  Beer Purity ).
• Article 36 – a further requirement – there must be no arbitrary discrimination/disguised restriction on trade – catches protectionist motives ( Turkeys ).
• Cassis  – mutual recognition is the underlying assumption supporting the free movement of goods – like harmonization, it provides for positive integration – the assumption is set aside only by proportionate justifications.
• Cassis  – rule of reason – mandatory requirements wider than Article 36 grounds in that the list has been extended by the Court of Justice: includes environmental protection ( Danish Bottles ), legitimate interests of economic and social policy ( Oebel ) and national and regional sociocultural characteristics ( Torfaen Borough Council ).
• Cassis : indistinctly applicable measures only; they must be proportionate.

Objective justification of discriminatory taxation

• ECJ has accepted the principle of objective justification for indirectly discriminatory taxation (eg  Chemial Farmaceutici ) but no systematic formulation of policy, by contrast to the Article 36 exceptions.

Free movement of goods is secured both by deregulation and positive integration. The scope of unlawful restriction is drawn widely by the Court of Justice, in support of economic integration, though in  Keck  the Court laid down limits to Article 34. Whilst certain kinds of restriction are permissible, the Court interprets these narrowly and they must always be proportionate to their objective.

Select your Country

• Help and information
• Comparative
• Constitutional & Administrative
• Criminal Justice
• Criminology
• Environment
• Equity & Trusts
• Competition
• Human Rights & Immigration
• Intellectual Property
• International Criminal
• International Environmental
• Private International
• Public International
• IT & Communications
• Jurisprudence & Philosophy of Law
• Legal Practice Course
• English Legal System (ELS)
• Legal Skills & Practice
• Medical & Healthcare
• Study & Revision
• Business and Government
• Share This Facebook LinkedIn Twitter

Steiner & Woods EU Law (14th edn)

• Guide to the Online Resources
• Abbreviations
• Table of cases
• Table of legislation
• 1. From EEC to EU: a brief history of the development of the Union
• 2. Institutions of the Union: composition and powers
• 3. Scope of the EU Treaty: laws and lawmaking
• 4. Principle of supremacy of EU law
• 5. Principles of direct applicability and direct effects
• 6. General principles of law
• 7. Framework for enforcement
• 8. Remedies in national courts
• 9. State liability
• 10. The preliminary ruling procedure
• 11. Enforcement actions
• 12. Direct action for annulment
• 13. Union liability in tort: action for damages
• 14. Introduction to the internal market
• 15. Harmonisation
• 16. Customs union
• 17. Free movement of goods
• 18. Free movement of payments and capital
• 19. Citizenship: rights of free movement and residence
• 20. Economic rights: workers, establishment and services
• 21. Free movement: social rights
• 22. Right to receive services
• 23. Free movement of persons: limitations on grounds of public policy, public security or public health
• 24. The Area of Freedom, Security and Justice: EU justice and home affairs law and policy
• 25. Discrimination
• 26. Introduction to EU competition policy
• 27. EU competition law
• Further reading

p. 375 17. Free movement of goods

• Marios Costa Marios Costa Senior Lecturer in Law, The City Law School, City, University of London
•  and  Steve Peers Steve Peers Professor of Law, University of Essex
• https://doi.org/10.1093/he/9780198853848.003.0017
• Published in print: 05 August 2020
• Published online: September 2020

This chapter examines the Treaty provisions designed to ensure free movement of goods within the European Union. It discusses prohibitions on quantitative restrictions, and on measures having equivalent effect to quantitative restrictions (MEQR) in Article 34 of the Treaty on the Functioning of the European Union (TFEU), in particular considering the key cases of Dassonville , Cassis de Dijon and Keck . It also outlines the prohibition on quantitative restrictions on exports and all measures having equivalent effect. It analyses the development of the jurisprudence relating to MEQR, and explains the provisions of Articles 35 (exports) and 37 TFEU (state monopolies). The chapter also addresses the underlying questions concerning the relationship between free movement and national regulatory competence. Finally, the chapter examines the provisions of Article 36 TFEU containing the derogation from the free movement of goods and considers proportionality and disguised restriction on trade. It also discusses the CJ’s jurisprudence on the rule of reason.

• Article 34 TFEU
• Article 35 TFEU
• Article 36 TFEU
• Article 37 TFEU
• Dassonville
• Cassis de Dijon

You do not currently have access to this chapter

Please sign in to access the full content.

Access to the full content requires a subscription

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 11 April 2024

• Cookie Policy
• Privacy Policy
• Legal Notice
• Accessibility
• [66.249.64.20|185.66.14.236]
• 185.66.14.236

Characters remaining 500 /500

Free Movement of Goods Problem Question Structure

Posted by Catherine Robinson on August 5, 2021

EU Law - EU Substantive Law - Free Movement of Goods Law - Problem Question

This article takes you through the steps that the cjeu goes through when determining whether a measure implemented by an eu member state has breached the treaty provisions on free movement of goods..

Basic problem question structure:

• Is the case within the scope of the EU free movement provisions? 
• Are the free movement provisions directly effective?
• Have the free movement provisions been breached?
• Are there any relevant justifications for the breach?
• Is the restriction of movement proportional?

The provisions on free movement only apply to cases involving movement between the EU's member states. Wholly internal situations are not within the scope of the free movement provisions, see e.g. Saunders (C-175/78).

2) Direct effect

The provisions on free movement of goods are vertically directly effective, meaning private parties may rely on them against the state. However, they also apply to bodies responsible for certifying products, see Fra.bo (C-171/11), as well as private parties controlled by the state, see e.g. Buy Irish (C-249/81).

Under Article 4(3) TEU, EU member states must co-operate with the facilitation of treaty obligations. This means that they may have to prevent private parties from creating obstacles to free movement of goods, see e.g. Schmidberger (C-112/00) and Commission v France (Spanish Strawberries) (C-265/95).

There are three different types of restrictions on free movement of goods:

• Distinctly applicable measures: an EU member state implements a measure that directly discriminates on the basis of nationality, e.g. a health inspection for imported products only.
• Indistinctly applicable measures: the measure has the effect of discriminating against goods from other EU member states even though it does not explicitly appear to discriminate, e.g. product requirements.
• Obstacles: these measures are non-discriminatory.

Fiscal measures (monetary charges imposed on products)

• Article 30 TFEU prohibits customs duties and all charges having equivalent effect to a customs duty (CEEs).
• EU member states cannot justify customs duties or CEEs, see e.g. Diamantarbeiders (C-2/69).
• Charges will not be CEEs if either:
• The importer or exporter is being provided with a genuine service in return for the charge, see e.g. Commission v Italy (Statistical Levy) (C-24/68) and Belgium Warehousing (C-132/82); or
• The charge is for a health inspection, although the test for this is very strict: Bauhuis (C-46/76). See also: Commission v Germany (C-18/87).
• Discriminating against similar imported goods through taxation.
• Providing indirect protection to domestic goods that are in competition with imported goods through taxation.

Non-fiscal measures - Article 34 TFEU (measures that are not monetary)

Article 34 prohibits quantitative restrictions and all measures having equivalent effect to a quantitative restriction (MEEs).  Dassonville (C-8/74) set out a very broad formula for what constitutes an MEE. This has since been refined in a series of cases:

Cassis de Dijon (C-120/78) - mutual recognition (+ mandatory requirements). Following Cassis, a distinction was made between:

• Distinctly applicable MEEs (direct discrimination); and
• Indistinctly applicable MEEs (indirect discrimination).

Keck (C-267/91) - introduction of a new category of rules: certain selling arrangements (CSAs). These fall outside of the scope of Article 34.

Commission v Italy (Trailers) (C-110/05) and Mickelsson and Roos (C-142/05) -market access test for restrictions on use.

4) Justifications

Justifications are set out in Article 36 TFEU. Another category of justifications called mandatory requirements were set out in Cassis de Dijon .

5) Proportionality test

Two questions:

• Is the measure suitable to achieve its aim? (Suitability test)
• Is the measure necessary to achieve its aim, or could a less restrictive measure work? (Necessity test)

In order to write a first class EU Law essay on free movement of goods, you must follow each of these steps.  Please feel free to leave a comment if there's anything you'd like clarifying!

Disclaimer:

The information provided in this blog post is based on the research I carried out for my law degree which I completed in 2020. I accept no responsibility for errors or omissions. Legal principles and interpretations may change over time, and the content presented here may not reflect the most current developments in UK contract law. This information is intended for general informational purposes only and should not be considered as legal advice or relied upon as a substitute for professional legal counsel. For the most up-to-date and accurate legal information or advice, it is advisable to consult with a qualified legal professional who is knowledgeable about the latest legal developments and can provide guidance specific to your situation.

If you found this article useful, you may also like:

How to Read Cases | Law Study Skills

Damages: The Test of Remoteness and Reasonable Foreseeability

How to Study Law | Free Law Revision Timetable

Misrepresentation Problem Question Structure

What are Nominal Damages?

Discretionary Trust or Power of Appointment?

Everything You Need to Know About the LNAT

A Level Business Tutor | A* Exam Technique Help – Catherine Robinson Tuition

Share this post

← Older Post Newer Post →

Leave a comment

Please note, comments must be approved before they are published.

• choosing a selection results in a full page refresh