Web-Companion Essential EU Law in Text: Suggested solutions to the exercises
Please find hereinafter the suggested solutions to the 64 exercises contained in the book "Tobler/Beglinger, Essential EU Law in Text, 5th edition, HVG-ORAC 2020, ISBN 978-963-258-490-4". To give you an idea how the exercises in the book are phrased, they have been added for the first three instances. Any comments or feedback are welcome.Free movement of goods – Exercise 6
Suggested solution:
In principle, licence systems will usually amount to restrictions of free movement. In the present exercise case, the rule is indistinctly applicable and therefore raises the suspicion of it being an MEEQR. However, in the context of the free movement of goods, it must be asked whether the rule concerns a selling rule within the meaning of Keck, thereby making it fall outside the scope of Art. 34 TFEU. Here, the rule in question indeed concerns the circumstances of selling. It may also be assumed that it affects domestic and imported goods in the same way. Accordingly, it does not amount to an MEEQR and as such is not prohibited by Art. 34 TFEU. Note: a special derogation ground (protection of health) is not needed where a rule is a selling rule meeting the Keck conditions.
[Relevant Charts: Chapter 8, in particular Charts 8/16 and 8/21]
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