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 7
Suggested solution:
a) This is an indistinctly applicable product rule, which is acceptable only if there is a mandatory requirement and if the rule is proportionate to its aim. Otherwise it is an MEEQR prohibited under Art. 34 TFEU.
[Relevant Charts: Chapter 8, in particular Charts 8/16 and 8/20]
b) This is a purely internal case, as the goods in question do not cross any intra-EU border. Accordingly, it is not covered by Art. 34 TFEU (Mathot). Note: the dealer’s foreign nationality is not relevant in the context of the rules on the free movement of goods, which focuses on the goods rather on the people dealing with them (though it is, of course, the people or companies who will complain about any treatment of the goods that is contrary to EU law).
[Relevant Charts: Chapter 8, in particular Chart 8/2]
c) This is an indistinctly applicable selling rule, which does not amount to an MEEQR under Art. 34 TFEU if it affects domestic and imported goods in the same manner.
[Relevant Charts: Chapter 8, in particular Charts 8/16 and 8/21]
[V.1.1]