THE EU INTERNAL MARKET. Michele Colucci E-mail: [email protected] Web site: www.colucci.eu Lessius, Antwerp Academic year 2010-2011. Article 2 EC. A common market and an economic and monetary union A harmonious, balanced and sustainable development of economic activities
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“Any discrimination on grounds of nationality“ is prohibited.
2. Mutual recognition
legislation of another Member State is equivalent in its effects to domestic legislation
3. Community legislation (in addition to the principle of mutual recognition)
1. Freedom of movement for persons
2. Freedom of movement for services
3. Freedom of movement for capitals
4. Freedom of movement for goods
of the Member States, subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect.
(art. 18 CE).
the right to take up and pursue activities as self-employed persons and to set up and manage undertakings .
Art. 12 EC on the basis of nationality
Art. 39 EC:…
No discrimination on the basis of nationality.
C-415/93): FIFA, UEFA,
Actual pursuit of an economic activity for an indefinite period and through a stable infrastructure
Authorisation schemes are allowed only on certain conditions
The EC shall establish an internal market as an area without internal frontiers, in which the free movement of goods, persons, services and capital is ensured in accordance with the Treaty
Procureur du Roi v. Dassonville (case 8/74):
All trading rules enacted by MS which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to be considered as measures having an effect equivalent to quantitative restrictions [para. 5]
Rule of reason: In the absence of a Community system…if a MS takes measures to prevent unfair practices…it is subject to the condition that these measures should be reasonable… [para. 6]
1. Discriminatory measures on the ground of nationality
2. Indistinctly applicable measures: so-called product requirements, related to the production and marketing of goods that apply without distinction to both foreign and domestic goods but it is usually more burdensome for foreign companies/goods (Casis de Dijon case 120/78)
3. Selling arrangements: category created by Keck case C-267/91 related to socio-economic measures as to how goods should be sold (manner of sale)
1. The Rule of Reason:
2. Mutual Recognition:
There is no valid reason why, provided that goods have been lawfully produced and marketed in one MS, they should not be introduced into any other MS
MYTH OR REALITY?
Some personal experience...