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Free movement of goods - Non-fiscal barriers

free-movement-of-goods-non-fiscal-barriers

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Key articles

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Who is bound by Article 34 and 35?

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Article 34 includes:

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Definition of MEQR's - capable of hindering, directly/indirectly, actually or potentially, intra-community trade

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Distinctly applicable MEQR's - Article 34

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Indistinctly applicable MEQR's - Article 34

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Examples of indistinctly applicable MEQR's - Article 34

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Article 35 - Exports. Restrictions:

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Article 34 will not apply to:

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Keck Test:

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Examples of illegal selling arrangements caught by Article 34:

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Justifications of non-fiscal barriers Article 34/35

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Article 36 Derogations

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Example of where the public morality derogation worked, ban was permitted

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Example of where public morality deorgation failed, ban not permitted

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