International and European Law
Synthesis Policy range no.1 : Commerce
fit in to the hold 2 of the Treaty of Rome, one of the objectives of the European stinting Community (EEC) is to create a common market, with a exonerate movement of goods, citizens, capital and services.
The purpose of this synthesis is to study the salvage movement of goods in the European meat (EU). Rules in this area are also valid for three countries of the European unembellished Trade Association (Norway, Iceland, Liechtenstein).
Tariff limitations to the free movement of goods
The article 28 of the Treaty on the Functioning of the European Union (TFEU) provides that :
« The Union shall comprise a customs union which shall screenland all trade in goods and which shall involve the prohibition betwixt section States of customs duties on imports and exports and of all kicks having equivalent opinion, and the sufferance of a common customs tariff in their dealing with third countries. »
The products made in the EU and the products legally import in the EU (they already paid custom duties) do not pay custom duties when crossing borders between Member States.
Charges having equivalent effect to custom duties are more severe to identify and to prohibit.
These charges are not defined in the treaties and the pillowcase-law had to condition the limits of the notion. According to the Court of Justice of the EU, this charge is :
« any financial charge, however small and whatever its designation and mode of application, which is enforce unilaterally on domestic or foreign goods by reason of the fact that they cross a frontier, and which is not a custom duty on the strict sense, constitutes a charge having equivalent effect [â¦] even if it is not imposed for the gain of the State, is not discriminatory or protective in effect and if the product on which the charge is imposed is not in competition with any domestic product » (CJEU, Commission v. Italy, case 24/68, 1st July 1969).
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