Thesis: The German “Beer Act” violates the general prohibition of quantitative restrictions and measures having equivalent effects on imports according to Article 34 TFEU. Article 34 TFEU prohibits quantitative restrictions on imports and all measures having equivalent effect between Member States in order to ensure the free movement of goods and as an ultimate objective of the functioning of the internal market, unless they are proportionate justifications.
Inhaltsverzeichnis (Table of Contents)
- Proposition
- Definition of legal terms
- Article 34 TFEU
- Quantitative Restrictions
- Measures Having Equivalent Effect (MEQR)
- Justifications
- Analysis of case study
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This term paper aims to analyze the compatibility of the German "Beer Act" with Article 34 TFEU, which governs the free movement of goods within the European Union. The paper will focus on whether the "Beer Act" constitutes a quantitative restriction or a measure having equivalent effect on imports, and whether it can be justified under the exceptions provided in Article 36 TFEU or the case law of the European Court of Justice.
- Free movement of goods
- Quantitative restrictions and measures having equivalent effect
- Exceptions to the free movement of goods
- Proportionality principle
- Consumer protection
Zusammenfassung der Kapitel (Chapter Summaries)
The paper begins by outlining the legal proposition that the German "Beer Act" violates Article 34 TFEU, followed by a definition of key legal terms such as "quantitative restrictions," "measures having equivalent effect," and the exceptions allowed under the Treaty. The analysis delves into the "Beer Act" and whether it constitutes a direct or indirect discrimination against imports. The author argues that the "Beer Act" is a measure equivalent to a quantitative restriction due to its impact on the production and sale of beer from other Member States. Finally, the paper concludes that the "Beer Act" is incompatible with Article 34 TFEU, as it lacks any justifiable exception based on the principle of proportionality.
Schlüsselwörter (Keywords)
The main keywords and focus topics of the paper include the free movement of goods, Article 34 TFEU, quantitative restrictions, measures having equivalent effect, exceptions, proportionality, consumer protection, and the German "Beer Act".
- Quote paper
- Alexandra Edler (Author), 2013, European Law Case Study Internal Market, Munich, GRIN Verlag, https://www.grin.com/document/233260
