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Question: ‘The test for Article 34 TFEU is very simple. It is whether, in practice, an import is excluded from the domestic market. That is as it should be.’ Discuss.

London School of Economics, LL232 Law and institutions of the European Union

Answer: Article 34 TFEU states: Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States. The test outlined by Article 34 is evidently broad in terms of the scope of its application, as any measure which excludes imports from the domestic market is caught, regardless of the way that effect is achieved. Prima facie, the test appears simple in that restrictions on imported goods from other Member States are prohibited. Plus, the case law supports a broad scope (as seen in Dassonville ) suggesting that the test is all encompassing in combatting import exclusion. Yet, the problem may be that such a broad interpretation of this article and the case law developments have led to uncertainty over exactly what test is applied and the metho......(short extract)

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Details: - Mark: 64% | Course: European Union Law | Year: 2nd/3rd | Words: 1715 | References: No | Date written: March, 2015 | Date submitted: August 16, 2018 | Coursework ID: 1047

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