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University Degree: European Union Law
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- Marked by Teachers essays 2
What is the meaning of the term 'measure equivalent to a quantitative restriction' for the purposes of Article 28 EC?4 star(s)
Dassonville were a French company who exported Scotch Whiskey and they appealed that it would be very difficult for third party exporters to obtain such a certificate in respect of goods already in free circulation in the third country. The ECJ upheld the Dassonville appeal, stating that the law would impose a greater burden on those seeking to import goods into Belgium, and would therefore hinder free movement, and is consequently a MEQR as prohibited by the Treaty. What is important to note in this decision, is that the ECJ will take a very broad view of measures which hinder the free flow of goods between Member States.
- Word count: 3113
Council Directive 2004/707 on transporting retired people (fictitious), adopted on 1 November 2000, requires all Member States: a. to implement measures by March 2007 giving all retired EU workers beyond the age of 65 years the right to travel within the3 star(s)
Bill, a Spanish national was a teacher for 15 years in Spain before he moved to the UK. After working for 3 years as a secondary teacher in the UK, he decided to take life easier and stopped his job. At 55, he has agreed with friends that he will take care of their gardens as long as they cook for him afterwards. He now wishes to spend the winter of every year in Spain where the warmer climate is better for his health. Bill goes to his Department of Transport to ask for his free flight, but his request is refused.
- Word count: 2043