Free Movement of Goods
Free movement of goods
This domain tests the customs union and the prohibition of non-tariff barriers. You must distinguish fiscal charges, internal taxation and regulatory obstacles, and apply the justification framework.
Core rules
- Arts 28-30 TFEU prohibit customs duties and charges having equivalent effect between Member States; Art 110 prohibits discriminatory or protective internal taxation.
- Art 34 TFEU prohibits quantitative restrictions and measures having equivalent effect. Dassonville defines an MEQR broadly.
- Cassis de Dijon establishes mutual recognition: goods lawfully marketed in one Member State may be sold in another unless justified by mandatory requirements.
- Art 36 TFEU derogations: public morality, public policy, public security, health, national treasures and industrial or commercial property; proportionality applies.
- Keck: selling arrangements applying to all traders and affecting them in the same manner fall outside Art 34 if non-discriminatory.
Worked example
A Member State requires imported bread to carry a national quality label, while domestic producers may use an equivalent label. This is a product requirement, not a selling arrangement, and it hinders market access. It is an MEQR. The State may justify it by consumer protection or public health, but the label must be necessary and proportionate, and equivalent foreign checks may have to be recognised.
Traps
Art 36 derogations are exhaustive, not a general economic exception. Keck does not cover product requirements, advertising rules that burden imports, or discriminatory rules. Internal taxation is not a customs duty; ask whether the charge forms part of a general system of taxation. Do not forget proportionality.