What is MEQRs?
MEQR is defined as “all trading rules enacted by a member state which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade.” The definition is very broad and encompasses a variety of diverse forms of obstruction.
What is the scope of Article 34 TFEU?
— Article 34 TFEU, which relates to intra-EU imports and prohibits ‘quantitative restrictions and all measures having equivalent effect’ between Member States; it reads ‘Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’.
Why are MEQRs more important?
Attention to MEQRs is necessary because often times they operate unnoticed or in a subtle or disguised way with the purpose of protecting domestic products and manufacturers. Divergent to the idea of free market, MEQRs segregate national markets which results in the increased costs to producers and consumers.
What is QR and MEQR?
Quantitative restrictions (QR or Quotas) •! Measures having equivalent effect to a quantitative restriction (MEQR) Harmonisation Directive. The new minimum harmonisation approach aims to harmonise at EU level the essential standards.
Does Article 34 have direct effect?
Deutsche Vereinigung des Gas- und Wasserfaches eV (DVGW), Advocate General Trstenjak has broken a lance for horizontal direct effect of article 34 TFEU. Until now, the Court has always denied horizontal direct effect of the free movement of goods provisions, in contrast to the other fundamental freedoms.
How does the CJEU define goods?
The Treaties do not define ‘goods’, but the CJEU has defined them as: ‘products. which can be valued in money and which are capable, as such, of forming the. subject of commercial transactions.’
What is a Meeqr?
Measures Having Equivalent Effect to a Quantitative Restriction (MEEQRs) Directive 70/50- Introduced by commission in an attempt to clarify the scope. Certain measures may not specifically limit the amount of products, which the state is prepared to allow into the country, they do not take a blatant form.
What is the Keck test?
He thus proposed a refined Keck-test that would allow Member States to apply national regulatory measures to imported goods as long as they would apply equally in law and in fact to domestic and foreign goods and they would not impose direct or substantial hindrance to market access.
What is Article 35A?
Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state’s legislature to define “permanent residents” of the state and provide special rights and privileges to them.
Are selling arrangements MEQRs?
Held: Selling arrangements are circumstances of sale (when, how, where) and are NOT MEQRs unless they; puts imports at disadvantage or the measure relates to characteristics of the product, in which case they are still a MEQR.
What is the rule in Keck?
Restrictive measures falling under Keck (i) ‘rules that lay down requirements to be met by goods’, related to inherent characteristics of products, and per se are considered to fall under Article 34 TFEU; (ii) ‘selling arrangements’, regulating questions extrinsic to goods.
Why is the Keck case significant?
This issue was later raised in the joined cases of ECJ, Keck and Mithouard, 1993, the significance of which being undoubtedly great on the development of the European common market. In the case of Keck and Mithouard, 1993, the French law had prohibited selling goods at a price lower than the actual purchase price.