Reference no: EM133214893

Sources of Law

Articles 34 and 36 TFEU

Questions:

1. Critically discuss the 'market access' test developed by the CJEU, making reference to the freedom of movement of goods case law. 
2. What are the differences in terms of scope of application between the Article 36 grounds of justification and the judge-made mandatory requirements?
3. Consider the following scenario:

Seamens is a German manufacturer of washing machines, vacuum cleaners and dishwashers. Its products meet all relevant German standards for energy efficiency and safety. When trying to increase its exports to other EU Member States, Seamens has run into the following difficulties:

Seamens discovers that their vacuum cleaners fail to meet the latest French electrical appliance safety regulations. Siemens would incur substantial costs for adapting their products to achieve compliance with these regulations.

Owing to a lack of sufficient generating capacity, Ireland is at risk of short-term electricity brown-outs or black-outs. Ireland has therefore adopted legislation which prohibits the use of dishwashers and washing machines during daytime, so as to reduce peak demand for electricity and to ensure the continued viability of its electrical power generating and supply system. 

To help you structure your answer consider the following sub-questions:

• Is the national measure in question a quantitative restriction or an MEQR?
• If the national measure is found to contravene freedom of movement of goods, how can it be justified?