EU Law – Free Movement of Goods – Article 30

EU Law – Free Movement of Goods – Article 30

hey guys just wanted to start this video
was a quick apology for not doing more videos For those of you who don’t know I work for a website called and we publish all of the laws the United Kingdom on
our website. As you can imagine March has been a pretty busy month for me you referendum
coming up as well as Welsh and Scottish Assembly elections apologies for that but I have received some really
positive comments on the channel in the meantime from people like darkgenie 96 and
sunnie as well and truly inspired me to try and do more videos you guys so hopefully try and do one every week or one every couple of weeks or so especially with the run-up to exams
coming up. So this week free movement of goods and recently
because main problems genes have been examiners
is getting questions and articles for questions so obvious as possible and try
to give you a top right from the start most questions that contain a value of
money say for example attacks pounds or an inspection charge 25 euros will
normally be with actual six where is when questioned contains a number of
good for example 500 height planes prevented from entering the UK 300 sausages prevention exploit for
example then that would normally say not so good place to start money to do with a number of good so
we’ll get more is about as we go through the BJS so let’s make a stop right this
weekend which is complete prohibition on customs duties on goods moving between
states so I think that one of the things that scares people off answering
questions are free of goods in an exam is that they think they need to degree
in economics to understand it but it’s actually relatively simple we think it’s
senator big countries in the world like Brazil United States Canada Russia China India Australia
places like that you’ll see that they’re all really big countries not only in
time geographical size and population but also in terms of their economy as
well as if we meet here in Spain France United Kingdom Germany they’re all
relatively small countries both in terms of their size and their economy as well
and so the whole point of the European Union was to join all of these countries
together so that they’d be able to compete with places like Russia and like
the United States I think they’ve you better find your way through any
question and there’s a basic principle and reason why the European Union exists
then you go really fast question on it and it’ll become a lot more clearer
wider provisions are in place so let’s get into the nitty-gritty about 4:30
then we have two countries here a and B and before the european union between
these countries now the country’s click trade with each other they agreed with
each other that they would trade but often what happened was that there will
be challenges place country exported goods can’t repay then it would be a
charge as it went through and the Bulls now hold plenty of the European Union
and in particular article safety is to remove those borders say that country a
country be trade freely with each other after thirteen particular looks at where
countries closed to new borders between themselves and try to impose charges
between them and re-establish those borders after thirty says at least just
simply isn’t allowed so any customs duty will be found under
Article 88 really great stuff to any question on free movement of greatest
say well argued safety problem question deals with our example you might want to say it does this be
counted as an actual good free movement of goods and it’s very simple because
one case on this Italian our case from 1968 and it the quoted justice came up
with a very simple definition can be valued money and other a subject
commercial transaction in his words can they be traded between people and this
is as a very old definition but it stands the test of time very well if you
think it’s things like iPhone outs for example and these would still fall under
this definition because they can be valued in money so you will not be
charged in the App Store and the subject commercial transaction even if the shop
where you buy them is electronic in nature so it’s quite broad definition
and a necessary an easy way to start and end dates so it’s also a negative due to
this contrasts with a positive GDP where states have to actually do something
negative gigi is the states are obliged not two days and in this case not to put
borders between the countries say bank gentiles when the most famous cases in
EU law and which way the Dutch government attempted to put a boundary
between then and other countries this was to do with pharmaceutical products
and he stepped in and said no the whole point is that you don’t put customs
charges or borders between these two countries and so the judge found liable
in that case we have to look at the effects rather than the pastor said
doesn’t matter what reason country against putting up the border
the fact of the matter is if the reasonable price simply won’t be allowed no ifs no buts
just no borders and no customs charges between the two countries so we’ve got a couple of cases here in
diamond double IDAs the Belgian government try to put a charge to help
these people who’d worked in the diamond industry and while this was a very noble
objective in a good reason for the change the EU said well the reason
behind it is important the fact of the matter is that shouldn’t be any charges
whatsoever and it highly enough as well the Indian government didn’t want to
lose many of its national treasure these paintings and statues and things like
that from ancient history and they say they said that does the reason they put
the charges and then again the East stepped in and said it doesn’t matter
what the reason is there simply isn’t allowed any charges or any borders
between the countries was so wasted countries trying get round this is too
cool them customs geez Tuesday May cold the tax something else like a customs
charge or customs tax and something like that and you know how autoclave the EU
has basically said any charge which has affected the customs duty will not be
allowed Commission in Italy 1969 any charges
imposed when the goods crossing will effectively fall under Article setting
and will not be allowed doesn’t matter what they call the charged charges applied when the goods cross a
boundary from one country into another then it will fall in the article and
will also be bound belligerents directions is quite interesting because
often goods traded between European countries are livestock said things like
cattle and pigs and countries are concerned not to get diseases or have
infected country now some countries impose compulsory charges and tried to
charge the actual charge have a lot de said in this case and it
is quite interesting is that because the effect of the health inspection benefits
the population thats importing the goods it should be those people ie the
importing country that pays to charge it shouldn’t be exported as he did that and
say the compulsory charging Commission in Belgium 1983 was not allowed under
Article however in this case it also looked at an optional charged that
countries could pay if they want to store their lives and for a longer
period of time than was necessary inspection to take place and because
this was optional in a way it’s the ex quality could decide whether or not they
did what this was a loud and drunk optional charges are allowed because it
gives the company or the exporting country degree discretion Commission in
Germany 1987 is also quite testing because we’re charges are opposed by the
EU across the whole of the 28 countries these will be allowed to show that can
be charged as put in place basically because it’s the same across the whole
European Union now 10 see also closed and police as we’ve
already sort of said countries will try to forge a pound reasoned point about
tea is to allow free movement of goods across the borders now sentence she’s
trying get around this by imposing internal taxation so they won’t impose
charged at the bullet but rather they’ll wait until the goods in the country and
then imposed heavy taxation on them once they’re inside so it doesn’t fall under
Article 30 because he’s only concerned with where charge a case here crossing
the border and its articles 110 looks at where the countries are trying to get
around this by imposing a tax what’s the good stuff inside the country and that
won’t be allowed after 110 is split into two parts ones that you should be no
discrimination in taxation system between similar domestic goods imports
as well st. John Walker the first case of 1986
looks at whether wish it similar to freely Cure and the cause of justice
decided in this case that they weren’t meters which he has a different alcohol
content to fruit you cure and also the they are made in different ways as well
so once commented and one is distilled Commission in italy is one of my
favorite cases because the question before the court was deep in honors
counters route now for me i think is probably do town street but the EU
apparently disagrees and they had a lot of famous scientist come in India debate
this issue about whether been honest accounting major cited the banana sorry
we’re not similar to other fruits such as apples pears oranges I think that
technically been on this account do seeds rather than treat answer they
weren’t even less bearing in mind the winning hand as without you we have to
act so close button stream and this was a tax imposed by the French
government basically charged cars that were imported based on the size of their
engine now French cars are obviously very small things like six-run Renault
they have smaller engines and big German cars like volkswagen and BMWs and so it
was an inadvertent mistake by the French government they didn’t realize that they
were discriminating against German cars as we share the European Court of
Justice doesn’t look at the purpose of taxation then you look at the effect and
the effect was that there was discrimination between the French
domestic cars and the imported German cars from the tax regime Ste 110 is more
broad because it looks at competing domestic goods and import see a
tradition in use in 1983 case the distinction between French and English
and French wine was taxed at a higher rate than English beer and French
government basically said to discriminate rate and so the Commission
brought the case and article 258 and the question was did a good compete against
each other so where is enjoying all the case on the previous light beer and wine
might be seen as very different because one is obviously made from grain when is
made from grapes in this case they actually sent worldly goods to compete
against each other because when you go to the pub unite auto repair but some
people might order a wide directly compete against each other in the
alcohol market ste 110 Potts who is a lot more girls and this basically cheap
questions to ask and when answering this question do the products compete against
each other so what do you think about buying buying buying online well they obviously do compete and does
attacks David domestic goods over imports and that’s trying to get against and that’s it article City prevents any
challenges when goods cross ability and article one hundred and ten places the
loophole whereby countries might impose a tax on goods are actually inside the
country I think that if you’re answering this essay question in the exam or even
a problem question then we try and follow the pattern I went through in
this presentation in other words stars start with actually defining what good
move on to discuss things like looking at sex rather than the rest of the
imposes a negative G and then used in case there as well to make judgment
calls about whether you think products compete with each other always had a
similar to using the bananas afraid to leave a comment below and that should be
it really next time will be a little bit more complicated because we think that
covers everything from schools teach so once again thanks very much for watching
remember to leave a like comment if you have any questions or anything you’d
like to say or recommendation and also make sure you subscribe as well and more
pts each thanks very much

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100 thoughts on “EU Law – Free Movement of Goods – Article 30

  1. Thank you so much! Watched your video and tomorrow's the exam. You simplified and managed to breakdown everything so easily. Fingers crossed, hope to ace tomorrow's paper.

  2. Thank you so much for your videos, they have absolutely saved me for my exams and I have recommended to all my friends! They're fab!

  3. You're a life saver!! I have exam in a day and this was the best revision lecture so far! Keep posting good stuff. Bless πŸ™‚

  4. This is amazing, I've been revising looking through textbooks for so long and I watch this 15 minute video and boom, it all makes sense! This has been a great help, thanks so much for taking the time to make these. Let's hope I do well in this exam now!

  5. Thanks so much for this video giving such a clear insight into this area! Pls make such videos for the other topics as well- i.e. free movt of persons, etc.
    I'm currently working on this essay question:

    β€˜There can be no doubt that both article 30 TFEU and article 110 TFEU are absolutely essential for securing the free movement of goods. However, the Court of Justice has pushed the prohibitions in these two articles too far by limiting the ability of Member States to adopt their own fiscal measures to a much greater extent than is necessary. The Court must radically change its approach.’
    Critically discuss this statement with reference to decided cases and academic opinion.

    And was wondering if you had any suggestions on how it should be approached and any tips on how to structure the essay?

    Thanks so much in advance! πŸ™‚
    P.S. Bananas are both a fruit and a herb technically haha.

  6. This is really awesome. I have watch this 15 mins video and the outcome is much much greater then a 55 mins lecture. It is easy to understand and so direct, really thanks for making this video.

  7. Very direct and to the point Marcus, you made this topic so easy to grasp… Well Done. Wish if I have you as my lecturer…

  8. Thank you so much for these courses you literally saved my life:D I'm a student who is strugglig in French university to understand all of these things and concepts in french now it makes a lot more sense:D I'm totally going to pass this exams thanks to you. Keep up the good work:D

  9. Thank you so much for the video, I have the exam tomorrow so hoping I will pass it. Come to Dubai to be our lecturer in MDX University will be great to have you here.

  10. Thank you so much, this video is greatly appreciated …You were clear and precise!!! PS. I have subscribed

  11. I cannot put into words on how grateful I am towards the sheer amount of content and effort you put towards these videos. I was truly panicking for this exam, as books and other various notes just wouldn't adhere/or make any sense to me! Thank god I found this video! Thank you very much for sharing your knowledge!!!!

  12. I really enjoyed your video EU sounds interesting I have EU exam the 24 I wish I could install all the knowledge. Subscribe I Did!!!

  13. I can't believe it. I spent like 3 hours yesterday reading about this, not understanding a thing. It has now become much clearer! Thank you so much!

  14. Thank you Marcus – again! For simplifying a complex topic! Clear and understanding. Erm banana, 🍌 fruit! 🀣… I like how they classed it as seeds, then ALL fruits are seeds as they grow from seeds! Thanks again!!

  15. characteristically great video; can i ask Marcus why Article 30 adds the rider: "this prohibition shall also apply to customs duties of a fiscal nature"… are customs duties not inherently fiscal… any clarity appreciated πŸ™‚

    ps bananas are undoubtedly fruits (containing seeds) but interestingly 184/85 looked to the organoleptic (!!!) and water content of the banana to distinguish it from Italian table fruits such as the pear; haha

  16. Would bananas in the Comm v Italy case be a breach of Article 101(2), they might not be similar to fruit but are undoubtedly in competition?

    There is a big market for videos of this type on youtube, if you keep producing similar content id expect the channel to grow very quickly.

  17. Love your videos. They help me a lot in my European law study. Another relevant subject to study is the freedom of movement, services, and establishment in relation to third country nationals. I was hoping that you could provide video on that matter. Thank you for considering my request!

  18. Hi, I have watched a few of your vidoes and I love the way you explain things. You would be an amazing teacher please carry on making videos for us. 😊Taeeba

  19. Omg this channel is a lifesaver!!! Thank you so much – i don't know how I coped before you; you make of so simple to understand, it's brilliant!

  20. Thanks for these vids they are really helpful. Bananas are scientifically berries, true fruit, the Musa cavendishii banana we eat is a seedless cloned mutation of the true wild form. However, strawberries are not berries but swollen receptacles holding the seeds externally, they are also termed pseudocarp or 'false fruit'. The EU must have got some rare experts indeed to make out that a seedless true fruit was in fact a seed but justice prevailed, that was possibly the main point.

  21. Hello Marcus. Could you please, explain article 114 TFEU. I have some trouble of understanding it. And a specific question I have is, how is EU regulatory competence under Article 114 TFEU limited? And to what extent is the Court of Justice capable of constraining the exercise of EU legislative powers? Please, I would so appreciate if you could make a video lecture of this topic. Kind regards Sara

  22. Your videos are literally saving my life. Unfortunately, our lecturer is quite dry on what I consider to be an interesting topic. You are much easier to follow. Thank you for your marvellous work.

  23. Great lecture and thank you for taking the time to explain thing's so simply and clearly without using fancy words . You have a new subscriber . It is very easy to understand and pleasant to listen to you speak.
    Much BETTER than any lecture I have attended . I urge you to continue making more videos .
    Thanks again !

  24. Ha!…That's bananas in itself …definitely going in the book of random cases! Thank you for these videos, you have an amazing ability to simplify things and help our understanding, I wish you'd come and teach at our uni!!

  25. Thank you very much for the video on this topic, it has been super helpful. I appreciate this so much, am so speechless

  26. Both. A banana (the yellow thing you peel and eat) is undoubtedly a fruit (containing the seeds of the plant: see 'Is a tomato a fruit or a vegetable?), though since commercially grown banana plants are sterile, the seeds are reduced to little specks. The banana plant is called a 'banana tree' in popular use, but it's technically regarded as a herbaceous plant (or 'herb'), not a tree, because the stem does not contain true woody tissue. //OXFORD Dictionary

    Thanks for the video!

  27. Man, i have no words! Amazing videos. Been watching your videos for some time. The best explanation ever!!
    Thank you for such work you do. Really appriciate.
    Take care and continue your amazing vidoes

  28. I have been struggling with EU law for a while, but your video's have been so incredibly helpful! It all makes sense now, thank you for taking the time to make these videos on FMOG, you literally have saved my life!

  29. Powerful stuff. To help students to remember, would you put a short reference in brackets against cases eg Commission v UK (French wine)

    Commission v Italy (the banana case)

  30. I’m feeling much comfortable watching your videos as I’m understanding the concepts deeply than going through my lectures notes repeatedly. Thank you 😊

  31. Thank you so much-these videos are amazing. I was wondering if it is still seen as discriminatory if it favours one member state over another (but not the domestic state)?

  32. Thank you so much for these great videos! You have honestly been my saviour this exam season!


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