European Business Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Chapter 1: Scope of application
Chapter 2: Prohibition of measures having equivalent effect
Section 1: General principles of law
Section 2: Abuse of law theory
Section 3: Rule of reason
Section 4: Legal exceptions
Chapter 4: Prohibition of charges having equivalent effect
Chapter 5: Prohibition of discriminatory internal taxation
Chapter 6: Reimbursement of improperly levied charges
Chapter 7: Adjustment of State monopolies of a commercial character
Title 2: Free movement of persons and services
Title 3: Free movement of capital
Part 2: Completion of the internal market
37. Legal exceptions and derogations upheld by the courts
1 minute de lecture
Outside the economic safeguard clauses on which the States may rely in case of exceptional circumstances , the TFEU, in Article 36, also lays down true exceptions to the free movement of goods. The principle of strict interpretation of the exceptions and the proportionality test applied by the EU authorities in this context restrict all the more appreciably the power of the Member States since the …
