Question 1

Which of the following measures is in breach of Article 34 TFEU?

Accepted Answer

Option A involves compulsory contributions paid by undertakings in the German agriculture and food sector, which discriminates against foreign undertakings and limits their freedom to promote their own products. This violates the free movement of goods enshrined in Article 34 TFEU. Options B and C do not involve any discriminatory measures and are therefore in compliance with Article 34 TFEU.

Question 2

Which of the following measures can be regarded as a measure having equivalent effect to a quantitative restriction (MEQR) and thus prohibited under Article 34 TFEU?

Accepted Answer

C

Question 3

Which of the following measures can be regarded as an indistinctly applicable measure prohibited under Article 34 TFEU?

Accepted Answer

The Italian law requiring a minimum alcohol content for vermouth marketed in Italy is an example of an indistinctly applicable measure because it imposes a requirement that applies equally to both domestic and foreign products, but has the effect of creating an obstacle to trade for products from other Member States that do not have the same requirement. This violates Article 34 TFEU, which prohibits measures having equivalent effect to quantitative restrictions on imports between Member States. The German law in option B is not an indistinctly applicable measure because it only affects foreign products and not domestic ones. The German law in option C is also not an indistinctly applicable measure because it only applies to domestic products and not foreign ones.

Question 4

Which of the following products can be regarded as being in competition with each other within the meaning of Article 110(2) TFEU?

Accepted Answer

The answer of Which of the following products can be...

Question 5

Under national law of a Member State annual tax on cars in that Member State differentiates between cars below 16 HP (the tax rate for these cars is progressively increased up to a maximum of

Accepted Answer

The legislation is indirectly discriminatory as it differentiates between cars based on their engine power. However, it can be objectively justified if it is necessary to protect the environment. This is because cars with higher engine power usually emit more pollution, and the tax can incentivize people to buy cars with lower emissions. Therefore, such a tax differentiation can be lawful under Article 110 TFEU if it serves an objective of public interest and is proportional to that objective.

Question 6

Which of the following pecuniary impositions can be regarded as a tax within the meaning of Article 110 TFEU?

Accepted Answer

The answer of Which of the following pecuniary impositions can...

Quiz 18: Prohibition of Discriminatory Internal Taxation; Prohibition of Quantitative Restrictions Qrs and Measures Having Equivalent Effect on Imports and Exports Meqrs Articles 34 and 35 TFEU