Are distinctly applicable measures discriminatory?

Distinctly applicable measures (i.e. directly discriminatory measures) e.g. a rule requiring an imported good to be inspected but not the domestic one. Such a rule breaches Article 34 TFEU and can only be saved by Article 36 TFEU.

Can distinctly applicable measures be justified?

Justifying Distinctly Applicable Measures A Member State may only use Article 36 to justify the DA. This is because DAs are direct discrimination.

What is QR and MEQR?

QR, MEQR or Selling Arrangement Quantitative Restriction. The ECJ defined quantitative restrictions as ‘measures which amount to a total or partial restraint. of, according to circumstances, imports, exports or goods in transit’ (Riseria Luigi). Two types of.

What is MEQR EU law?

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.

How are distinctly applicable measures different from indistinctly applicable measures?

“distinctly applicable measures are those which directly affect the product when it is imported/exported”. while. “indistinctly applicable measure are those that do not favour domestic producers over importers, but treats national and imported products in the same way”.

What are indistinctly applicable directive 70 / 50 in the EU?

According to Directive 70/50, what are indistinctly applicable MEQRs? Measures which appear on their face to be equally applicable to domestic and imported goods, but the effect of the measures disadvantages imported goods by requiring them to satisfy the state’s domestic set of rules for similar products.

Can a distinctly applicable measure be justified under Art 36?

Distinctly applicable measures, as is the case with QRs can only be justified, if at all under Art 36. Indistinctly applicable measures are treated more leniently and may be justified under |Art 36, or by reference to mandatory requirements.

What are quantitative restrictions in the European Union?

Quantitative restrictions were defined in Riseria Luigi Geddo v Ente Nazionale Risi (case 2/73) as, “any measures which amounted to a total or partial restraint on imports, exports or goods in transit.” What types of actions count as quantitative restrictions?