Table of Contents
What does Article 30 TFEU mean?
Article 30 TFEU states that ‘customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This prohibition shall also apply to customs duties of a fiscal nature’.
What is the Keck test?
He thus proposed a refined Keck-test that would allow Member States to apply national regulatory measures to imported goods as long as they would apply equally in law and in fact to domestic and foreign goods and they would not impose direct or substantial hindrance to market access.
Is TFEU legally binding?
According to Article 288 TFEU, a decision is binding in its entirety. A decision may be a legislative or a non-legislative act. Decisions are legislative acts when they are adopted by: the European Parliament and the Council of the European Union (ordinary legislative procedure);
What are quantitative restrictions EU law?
Quantitative restrictions. Quantitative restrictions have been defined as measures which amount to a total or partial restraint on imports or goods in transit (48). Examples of such measures include an outright ban on imports or a quota system (49).
How is a charge equivalent to a customs duty defined?
A charge having equivalent effect is one which is imposed and is therefore a mandatory charge for any party who is subject to it and payment of it cannot be avoided.
What are indistinctly applicable rules?
As a matter of terminology the term “indistinctly applicable” rules will be used to indicate those rules which apply to both imported and domestic goods; “indirectly discriminatory” rules to indicate those indistinctly applicable rules which affect imported goods more than domestic ones; “non discriminatory” rules to …
What is true of the Maastricht Treaty?
What is true of the Maastricht Treaty? It allows for the free movement of goods throughout the member states of the European Union.
Is TFEU secondary law?
Secondary law comprises unilateral acts, which can be divided into two categories: those listed in Article 288 TFEU: regulations, directives, decisions, opinions and recommendations; those not listed in Article 288 TFEU, i.e. atypical acts such as communications and resolutions, and white and green papers.
What is a quantitative restriction?
Definition: Specific limits on the quantity or value of goods that can be imported (or exported) during a specific time period. Context: An example is an import quota, where a quantitative restriction on the level of imports is imposed by a country.
Are there any exceptions to the 10% early withdrawal penalty?
Exceptions to the 10% Early Withdrawal Penalty. When one takes a distribution from an IRA or other retirement account, there may be penalty of ten percent of the withdrawn amount. This penalty is in addition to any income tax that may be due on the withdrawal. There are, however, exceptions which will allow a distribution without penalty.
What is an article 30 TFEU Levy?
Orgacom is a classic tutorial in the application of Article 30 TFEU. In the case at issue, the levy in question affects the importers of surplus livestock manure on import. The trigger for the levy is simply the amount of importation in the preceding year.
What is Article 34 TFEU?
Article 34 TFEU is the key provision relating to the prohibition on quotas and measures which have an equivalent effect to such quantitative restrictions. Article 34 provides that, “quantitative restrictions on imports and all measures having an equivalent effect shall be prohibited”.
Is there an early withdrawal penalty if I’m unemployed?
You might be exempt from an early withdrawal penalty if you’re unemployed, you used the IRA early withdrawal to pay your medical insurance premiums, and you meet three additional requirements: You received unemployment compensation paid under federal or state law for 12 straight weeks because you lost your job.