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Relevant bibliographies by topics / Measures having equivalent effect to quantitative restrictions

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Academic literature on the topic 'Measures having equivalent effect to quantitative restrictions'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "Measures having equivalent effect to quantitative restrictions"

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Coutrelis, Nicole, and Isabelle Weber. "The Free Movement of Goods Principle Facing the Protection of National Public Health in the Absence of Harmonised Legislation: The Case of Processing Aids Used in the Manufacture of Foodstuffs." European Journal of Risk Regulation 1, no. 3 (2010): 263–65. http://dx.doi.org/10.1017/s1867299x0000043x.

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The free movement of goods is a fundamental principle under EU law: a product lawfully manufactured and/or marketed in one Member State is, in principle, entitled to be marketed in another EU Member State. Indeed, Article 34 of the Treaty on the Functioning of the European Union (TFEU) prohibits any quantitative restrictions on imports between Member States and all measures having equivalent effect.

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Russi, Luigi. "Economic Analysis of Article 28 EC after theKeckJudgment." German Law Journal 7, no. 5 (2006): 479–504. http://dx.doi.org/10.1017/s2071832200004806.

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European Union (EU) regulation of the free circulation of goods may be considered an eminent jurisprudential achievement; in fact, it has emerged from and been strengthened by the judgments of the European Court of Justice (hereinafter “the Court”).In particular, the Court's engagement with the prohibition on quantitative import restrictions and other measures having an equivalent effect established by Article 28 European Convention (EC), has paved the road towards integration. This was especially true of the Court's “milestone” decisions inDassonvilleandCassis de Dijon.The judicial parameter

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de Sadeleer, Nicolas. "Restrictions of the Sale of Pharmaceuticals and Medical Devices such as Contact Lenses over the Internet and the Free Movement of Goods." European Journal of Health Law 19, no. 1 (2012): 3–28. http://dx.doi.org/10.1163/157180912x615185.

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Abstract In the light of new case law development, this article examines whether national restrictions on the on-line sale of pharmaceuticals and medical devices such as contact lenses are consistent either with EU secondary law, either with Article 34 TFEU that prohibits measures having equivalent effect to quantitative restrictions on imports. In particular, this article focuses on an analysis of two judgments on this important issue delivered by the Court of Justice of the European Union in 2003 and 2010, namely the Deutscher Apothekerverband decision and the Ker-Optika decision.

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Dashwood, Alan. "NON-DISCRIMINATORY TRADE RESTRICTIONS AFTER KECK." Cambridge Law Journal 61, no. 1 (2002): 1–52. http://dx.doi.org/10.1017/s0008197302331507.

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IN its Keck judgment—famous or notorious according to taste—the Court of Justice drew a distinction, for the purposes of the application of the prohibition in Article 28 EC against measures having equivalent effect to quantitative restrictions (“MEEQRs”), between two categories of national measures. On the one hand were “product requirements”: measures specifying requirements to be met, in order to obtain access to the market of a Member State, by products coming from other Member States where they are lawfully manufactured and marketed, like the minimum alcohol requirement for fruit liqueurs

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김두수. "Prohibitions of measures having equivalent effect to a quantitative restriction and customs duties in the free movement of goods of the EU." HUFS Law Review 33, no. 3 (2009): 197–233. http://dx.doi.org/10.17257/hufslr.2009.33.3.197.

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Alemanno, Alberto. "The Legality, Rationale and Science of Tobacco Display Bans After the Philip Morris Judgment." European Journal of Risk Regulation 2, no. 4 (2011): 591–99. http://dx.doi.org/10.1017/s1867299x00001677.

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A visual display ban on tobacco products, imposed by national legislation of an EEA State, such as the one at issue in the case at hand, constitutes a measure having equivalent effect to a quantitative restriction on imports within the meaning of Article 11 EEA if, in fact, the ban affects the marketing of products imported from other EEA States to a greater degree than that of imported products which were, until recently, produced in Norway. It is for the national court to identify the aims which the legislation at issue is actually intended to pursue and to decide whether the public health o

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Connor, Tim. "“Market Access” or Bust? Positioning the Principle within the Jurisprudence of Goods, Persons, Services, and Capital." German Law Journal 13, no. 6 (2012): 679–755. http://dx.doi.org/10.1017/s207183220002071x.

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The Treaty on the Functioning of the European Union (TFEU) provides with respect to the free movement of goods that “[q]uantitative restrictions on imports and all measures having equivalent effect shall be prohibited.” In contrast, the TFEU provides that, with respect to the free movement of persons, services, and capital, restrictions at the national level on such rights are similarly unlawful.

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Hastings, Waylon, Idan Shalev, and David Almeida. "Allostatic Load and Biological Aging Indicators in the MIDUS National Survey." Innovation in Aging 4, Supplement_1 (2020): 525–26. http://dx.doi.org/10.1093/geroni/igaa057.1694.

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Abstract Indices quantifying allostatic load (AL) and biological aging (BA) have received widespread use in epidemiological and health science literature. However, little attention has been paid to the conceptual and quantitative overlap between these indicators. By reviewing literature utilizing measures of AL and BA, we highlight differences with respect to biological markers employed and approach toward scale construction. Further, we outline opportunities where AL indices might be improved by adopting analytical features of BA measures. We demonstrate the utility of this approach using dat

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R.W. Mayes and H. Dove. "The use of n–alkanes and other plant–wax compounds as markers for studying the feeding and nutrition of large mammalian herbivores." BSAP Occasional Publication 34 (2006): 153–82. http://dx.doi.org/10.1017/s1463981500042400.

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SummaryIn the study of the feeding behaviour and nutrition of free-ranging mammalian herbivores, determining what the animals are eating, its quality and quantity can be difficult to accomplish. The measurement processes themselves may disturb the animals’ normal foraging behaviours which can be a major problem in rangeland, forest and other semi-natural environments. Furthermore, animals are likely to select mixtures of plants and their components which differ from the available vegetation. Quantitative measures of diet composition, digestibility, faecal output and intake in individual grazin

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Obayelu, Abiodun Elijah, Sarah Edore Edewor, and Agatha Osivweneta Ogbe. "Trade effects, policy responses and opportunities of COVID-19 outbreak in Africa." Journal of Chinese Economic and Foreign Trade Studies ahead-of-print, ahead-of-print (2020). http://dx.doi.org/10.1108/jcefts-08-2020-0050.

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Purpose The paper is a preliminary assessment of coronavirus disease’s (COVID-19) effects on African trade, policy responses and opportunities within the limitations imposed by data and the information currently available and in the lights of other international organizations’ growth forecasts. The study was undertaken to get deeper understanding of the threats and opportunities of COVID-19 on African trade because of the existing interconnected trade networks making African countries to be more vulnerable and increasing number of restrictions and distortions among major traders. This study ai

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Dissertations / Theses on the topic "Measures having equivalent effect to quantitative restrictions"

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Kunak, Juraj. "Justification of restrictions on imports or exports of goods on the grounds of the protection of health and life of humans, animals or plants." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2013. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2013~D_20130205_095138-00887.

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The present master thesis provides the reader with overall and detailed review of jurisdiction of the CJEU in correlation with primary and secondary law of the European Union regarding justification of restrictions on imports or exports of goods on the grounds of the protection of health and life of humans, animals or plants pursuant to the art.36 of TFEU. The very first part deals with the essence of the free movement goods. It explains the concept of the prohibition on custom duties on imports and exports and charges having equivalent effect and quantitative restrictions on imports and expor

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Mikutytė, Lyra. "Kiekybinių apribojimų ir jiems lygiaverčio poveikio priemonių draudimas, užtikrinantis laisvą prekių judėjimą EB." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070104_144837-36676.

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The aim of this work is to identify and analyze the legal problems arising from applying the articles of the EC Treaty on the prohibition of quantitative restrictions and measures having equivalent effect. The author, referring to evolution of the case law of European Court of Justice, reveals problem aspects of the prohibition of quantitative restrictions on import and measures having equivalent effect, ensuring the free movement of goods in EC. The author analyzes the link between the list of mandatory requirements, introduced in Cassis, and the article 30 of the Treaty, looking for bonds be

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Vaitkevičiūtė, Agnė. "Eksporto apribojimų draudimas laisvame prekių judėjime." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20060315_133540-33230.

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It is emphasized, that both fiscal (tariff) export restrictions and non–fiscal (non–tariff) export restrictions shall be prohibited between Member States. Fiscal (tariff) export restrictions are customs duties on exports and charges having equivalent effect. Measures having equivalent effect can be distinguished to distinctly and indistinctly applicable measures and discriminatory and non–discriminatory measures. Only discriminatory measures, which usually are distinctly applicable, are forbidden. But the possibility, that even indistinctly applicable measures can be discriminatory and distinc

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Machovičová, Tereza. "Kritérium "přístupu na trh" v rámci problematiky vnitřního trhu." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-379130.

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The market access approach refers to a way of interpretation of the notion of restriction to free movement advanced by the Court of Justice of the European Union. The rationale behind the concept, as it emerged from the landmark judgment in Commission v. Italy (Trailers), is that any measure that hinders access to the market is prima facie considered as a restriction to free movement and is therefore held incompatible with EU law unless the Court finds it justified and proportionate. Applying the market access approach the Court seems to have departed from its previous case law as it does not

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Books on the topic "Measures having equivalent effect to quantitative restrictions"

1

Iceland. Supplementary protocol to the agreement between the European Economic Community and the Republic of Iceland concerning the elimination of existing and prevention of new quantitative restrictions affecting exports or measures having equivalent effect, Brussels, 25 July 1989 .. H.M.S.O., 1990.

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2

Homewood, Matthew J. 5. Free movement of goods. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815181.003.0005.

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This chapter discusses the law on the free movement of goods in the EU. Free movement of goods is one of the four ‘freedoms’ of the internal market. Obstacles to free movement comprise tariff barriers to trade (customs duties and charges having equivalent effect), non-tariff barriers to trade (quantitative restrictions and measures having equivalent effect), and discriminatory national taxation. The Treaty on the Functioning of the European Union (TFEU) prohibits all kinds of restrictions on trade between Member States. Article 30 (ex Article 25 EC) prohibits customs duties and charges having

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Craig, Paul, and Gráinne de Búrca. 19. Free Movement of Goods:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0019.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter considers Articles 34-37 of the Treaty on the Functioning of the European Union (TFEU). Article 34 is the central provision and states that: ‘quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’. Article 35 contains similar provisions relating to exports, while Article 36 provides an exception for certain cases in which a state is

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Book chapters on the topic "Measures having equivalent effect to quantitative restrictions"

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Barnard, Catherine. "3. Non-Fiscal Measures: Quantitative Restrictions and Measures Having Equivalent Effect." In The Substantive Law of the EU. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198830894.003.0003.

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This chapter examines non-fiscal barriers to trade. Three Treaty provisions are relevant: Article 34 TFEU on imports; Article 35 TFEU on exports; and Article 36 TFEU containing derogations from Articles 34–5 TFEU. The discussions cover quantitative restrictions; measures having equivalent effect including the leading case of Cassis de Dijon; distinctly and indistinctly applicable measures; the principle of mutual recognition and regulation 2019/515; the market access approach following Trailers; and Directive 2015/1535, which requires Member States to notify the Commission of any draft technical regulations before they are adopted and before they create barriers to trade, so that they can be checked for their compatibility with Union law.

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Barnard, Catherine. "4. Non-Fiscal Measures: Quantitative Restrictions and Measures having Equivalent Effect." In The Substantive Law of the EU. Oxford University Press, 2013. http://dx.doi.org/10.1093/he/9780199670765.003.0128.

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3

Homewood, Matthew J. "5. Free movement of goods." In EU Law Concentrate. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198854999.003.0005.

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This chapter discusses the law on the free movement of goods in the EU. Free movement of goods is one of the four ‘freedoms’ of the internal market. Obstacles to free movement comprise tariff barriers to trade (customs duties and charges having equivalent effect), non-tariff barriers to trade (quantitative restrictions and measures having equivalent effect), and discriminatory national taxation. The Treaty on the Functioning of the European Union (TFEU) prohibits all kinds of restrictions on trade between Member States. Article 30 (ex Article 25 EC) prohibits customs duties and charges having equivalent effect; Article 34 (ex Article 28 EC) prohibits quantitative restrictions and all measures having equivalent effect; and Article 110 (ex Article 90 EC) prohibits discriminatory national taxation.

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4

Pétursson, Gunnar Thor. "Article 11 [Quantitative restrictions on imports and measures having equivalent effect] Quantitative restrictions on imports." In Agreement on the European Economic Area. Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://dx.doi.org/10.5771/9783845275796-289.

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Pétursson, Gunnar Thor. "Article 12 [Quantitative restrictions on exports and measures having equivalent effect] Quantitative restrictions on exports." In Agreement on the European Economic Area. Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://dx.doi.org/10.5771/9783845275796-299.

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Craig, Paul, and Gráinne de Búrca. "20. Free Movement of Goods: Quantitative Restrictions." In EU Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198856641.003.0020.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter considers Articles 34-37 of the Treaty on the Functioning of the European Union (TFEU). Article 34 is the central provision and states that: ‘quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’. Article 35 contains similar provisions relating to exports, while Article 36 provides an exception for certain cases in which a state is allowed to place restrictions on the movement of goods. The European Court of Justice’s interpretation of Articles 34-37 has been important in achieving single market integration. It has given a broad interpretation to the phrase ‘measures having equivalent effect’ to a quantitative restriction (MEQR), and has construed the idea of discrimination broadly to capture both direct and indirect discrimination. The UK version contains a further section analysing issues concerning free movement of goods between the EU and the UK post-Brexit.

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Craig, Paul, and Gráinne de Búrca. "20. Free Movement of Goods: Quantitative Restrictions." In EU Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198859840.003.0020.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter considers Articles 34-37 of the Treaty on the Functioning of the European Union (TFEU). Article 34 is the central provision and states that: ‘quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’. Article 35 contains similar provisions relating to exports, while Article 36 provides an exception for certain cases in which a state is allowed to place restrictions on the movement of goods. The European Court of Justice’s interpretation of Articles 34-37 has been important in achieving single market integration. It has given a broad interpretation to the phrase ‘measures having equivalent effect’ to a quantitative restriction (MEQR), and has construed the idea of discrimination broadly to capture both direct and indirect discrimination. The UK version contains a further section analysing issues concerning free movement of goods between the EU and the UK post-Brexit.

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8

Horspool, Margot, Matthew Humphreys, and Michael Wells-Greco. "10. Free movement of goods (II): quantitative restrictions and measures having equivalent effect." In European Union Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198818854.003.0010.

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This chapter reviews the law on the free movement of goods in the EU. It discusses the following: prohibition of quantitative restrictions and measures having equivalent effect; grounds of derogation under Article 36 of the TFEU; indistinctly applicable measures and mandatory requirements, Cassis de Dijon and developing the list of mandatory requirements; principles of mutual recognition and equivalence; case C-267 and 268/91 Keck and Mithouard (1993) and certain selling arrangements; presentation requirements; the conditions in Keck and the difficulties in finding a consistent rule; the blurred distinction between Article 36 TFEU and “mandatory requirements”; Article 35 TFEU; and Directive 98/34 on the provision of information in the field of technical standards and regulations.

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Horspool, Margot, Matthew Humphreys, and Michael Wells-Greco. "10. Free movement of goods (II): quantitative restrictions and measures having equivalent effect." In European Union Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198870586.003.0010.

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This chapter discusses the non-pecuniary obstacles to the law on the free movement of goods in the EU. It discusses the following: prohibition of quantitative restrictions and measures having equivalent effect; grounds of derogation under Article 36 TFEU; indistinctly applicable measures and mandatory requirements, Cassis de Dijon and developing the list of mandatory requirements; principles of mutual recognition and equivalence; Case C-267 and 268/91 Keck and Mithouard (1993) and certain selling arrangements; presentation requirements; the conditions in Keck and the difficulties in finding a consistent rule; the blurred distinction between Article 36 TFEU and ‘mandatory requirements’; Article 35 TFEU; and Directive 98/34 on the provision of information in the field of technical standards and regulations.

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Klamert, Marcus, Maria Moustakali, and Jonathan Tomkin. "Article 34 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.113.

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