International and European Law

...

When he puts goods into circulation in his own MS -> loses right to prevent import from that state into another MS.

When the holder himself or a 3rd party with his (direct/indirect) permission puts goods into circulation in another MS -> loses right to prevent the import from that state into his owns state or another MS

Answers

Freedom of goods. Art. 34 TFEU

NON-financial: it is a ban. It prohibits goods to enter the country for considering them pornographic.

Justification of QR

ART. 36 TFEU: public morality may justify this measure

Conclusion: probably not justified

Freedom of goods. Art. 34

Non-financial: measure having equivalent effect

Regulation applies to foreign and domestic products: indistinctly applicable

Justification:

- ec regulation Not applicable? +

- MHEE indistinctly applicable?+

- Proportional? +/-

- National interest protected

UK - certificate license

- Freedom of goods. Art. 34 TFEU

- Non-financial

- Measure having equivalent effect

- Distinctly applicable (only for imports) one is allowed to import the etchings, as long as one has a license

- In conflict with the free movement of goods, art. 34 TFEU. The justification for this should be in art. 36 TFEU (morality, security, health) but there is no ground to be found That justifies this license

- MHEE not justified

Free movement of persons

- The right to travel

- The right to work in any member state

- The right to settle in any member state

Art. 20 (2) (a) - right of citizens to move and reside easily within the EU

Free Movement TFEU Provisions (in relation to the economically active)

- Art. 45-48 workers REG. 1612/88 DIR. 68/360

- Art. 49-55 - freedom of establishment (self-employed)

- Art. 56-62 - freedom to provide services

- Rights conferred by specific directives

- Students

- Retired persons

- Persons of independent means

Who is a worker? Condition & rights

- Certain period of time (generously interpreted by ECJ Temporary work?

- Activity serves economic purpose

- Employer-employee relationship (contract, insured, etc)

- Remuneration (money!)

Three rights: entry, residency and stay/remain in ms.

Restrictions on entry and residence

Article 45 (3 & 4) free movement of workers

- It shall entail the right, subject to limitations justified on grounds public policy, public security or public health

- The provisions shall not apply to employment in the public service (teachers/lecturers not considered under public service)

- To be seen on a case-to-case basis. Use common sense!

Free movement of services

- Art. 56-62 TFEU

- Negative definition in art. 57 TFEU

Services are all paid activities that ate not Governed by the freedom of goods, capital or persons

- Most important difference

Workers - services - establishment

Establishment - art 49 TFEU

SERVICE - art. 56 TFEU

STAble and continuous basis in the economic life in another MS and profits from activity

Temporary basis.

Establishment -> host state regulation Services -> home state regulation

The established person has made a choice to subject herself to the rules of the new state of

The scope o f art. 56 TFEU Services

- Concept of service: the service is carried out on a temporary basis (determing factors: duration of the provision of the service, but also its regularity, periodicity

Capital

Art. 63 TFEU (ex art. 56 TEC)

Competition law

European competition law

Through completion, business becoming stronger.

3 types anti competitor agreements. Helps business to reach market

Article 101 TFEU makes illegal any agreement or concentrated practice between undertakings that significantly restricts competition within EEU.

4 elements needed in a case: (1)forms of ' co-operation' caught: the meaning of agreement; decisions by associations of undertakings; concerted practices. (2) object or effect;(3) the prevention, restriction or distortion of completion ;(4) have an effect on trade between member states.

Concerted practices. A form of co-ordination where undertakings,without any sort of agreement or establishing a plan of