What does Article 34 TFEU do?
What does Article 34 TFEU do?
Article 34 TFEU provides that “quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States”.
Under which conditions does a certain selling arrangement fall outside the scope of Article 34 TFEU according to the Keck Judgement?
Importantly, the field of application of Article 34 of the TFEU is limited by the Keck judgment, which states that certain selling arrangements fall outside the scope of that article, provided that they are non-discriminatory (i.e. they apply to all relevant traders operating within the national territory, and affect …
Does Article 34 TFEU 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.
Does Article 34 have direct effect?
What is Article 34 of the Family Code Philippines?
Article 34 – No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five (5) years and without any legal impediment to marry each other.
Which article of the constitution deals with martial law?
In India, the martial law is described under Article 34 of the constitution. This article imposes a restriction on fundamental rights while martial law is enforced in an area within the territory of India.
Does Article 34 have vertical direct effect?
What is a selling arrangement in EU law?
The ‘selling arrangement’ is a judicial device which removes national law. from the scrutiny of European Community law relating to the free movement. of goods. National provisions affecting the marketing of products may fall for. consideration as ‘selling arrangements’ where the treatment of the domestic.
What is Article 34 Family Code?
Article 34 of the Family Code is intended to make it easy for couples who have actually cohabited as husband and wife for at least five (5) years to get married without the necessity of a marriage license.
Is the regulation of markets caught by Article 34?
As observed above, Cassis confirmed that indistinctly applicable rules would also be caught by Article 34.
Why did the ECJ overrule Dassonville selling arrangements?
The ECJ did not employ a derogation or mandatory requirement to protect it, but decided to overrule Dassonville, recognising that ‘certain selling arrangements’ (CSAs) are not subject to Article 34. These measures ‘affect in the same manner, in law and in fact, the marketing of domestic products and those from other Member States’4.
How are selling arrangements different from product rules?
AG Jacobs stated in the same case that selling arrangements can and will have an effect on intra-community trade and underlined the fact that the differentiation between selling arrangements and product rules is not premised on substance, but is mostly a matter of degree.
What was the Keck decision on selling arrangements?
The Keck decision states essentially that if provisions regarding selling arrangements “affect in the same manner, in law or in fact, the marketing of domestic products and those of other Member States” 21, then these should not be caught by Article 34.