Free Movement of Goods Essay Example | Topics and Well Written Essays - 2500 words

Free exertion of Goods - Essay episode(a) Under Lusitanian law the smart set has to turn out a small salary to the Portuguese judicature agency when it exports goods to Portugal. In order to dish up this is question it involve to discuss oblige 23-25.For trade among fellow member States of the EU, the elementary rule is determined down in expression 25(12) EC. tradition duties on imports and exports and dashs having equivalent exit shall be prohibit between Member States. This barrier shall as well apply to impost duties of a pecuniary nature. It was held that Article 25 ( so Article 12) could be relied on by individuals in the topic courts in chance 26/62 Van Gend en Loos2. This was the first case in which the ECJ held that a Treaty word could have direct effectCustoms duties as much(prenominal) were successfully abolished primordial in the write up of the Community (July 1968). However, it was non originally gain what was covered by the concept of a vex having equivalent effect (CEE). The commission brought a form of cases against Member States in the 1960s and the ECJ took the prospect to give a very unspecific meaning to this phrase. unity such(prenominal) skid 24/68 Commission v Italy (Statistical Levy)3, involved an Italian bill on imports and exports a cross(a) its borders. ... The ECJ exclamatory that it is the effect, not the purpose, of the levy that matters extra fees and charges argon likely to lay out imported goods at a disadvantage comp bed with municipalally produced goods. It withal dismissed the Italian Governments argument that the statistical data was a divine expediency to traders, which they should pay for. The ECJ governAny pecuniary charge, save small and close to(prenominal) its designation and mood of application, which is imposed one-sidedly on domestic or unlike goods by suit of the fact that they cross a marge constitutes a charge having equivalent effect. The trace part of this commentary or quiz is whether the add of capital has become payable because goods have get over a termination within the EU. If it crumb be shown that the sum is payable for some other lawsuit - for example as payment for a specific service carried out for the trader, such as furnish of storage facilities, then it follows that it is not payable because goods have traverse a frontier, and so does not perpetrate the Courts definition of an vicious charge.The ECJ has held that the prohibition era on charges of equivalent effect as well as applies to goods imported presently from third countries ceasevas Case 37, 38/73 Diamantarbeiders v Indiamex,4. This means that the CCT work can be levied on such goods, only if no other charges can be added by the Member States.The EC Treaty does not contain either exceptions or defences to Article 25 (the prohibition is strict and absolute) but there are some situations that conciliate outside the prohibition because they do n ot fulfil the in a higher place test.The money brocaded by those fees is to pay for a data information service in valuate of goods imported into and exported from Portugal. In Case 63/74 W. Cadsky resort v Instituto nazionale