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From International to Federal MarketThe Changing Structure of European Law$
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Robert Schütze

Print publication date: 2017

Print ISBN-13: 9780198803379

Published to Oxford Scholarship Online: September 2017

DOI: 10.1093/oso/9780198803379.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 August 2021

The Rise of the Federal Model II

The Rise of the Federal Model II

(p.185) 5 The Rise of the Federal Model II
From International to Federal Market

Robert Schütze

Oxford University Press

The federal model is potentially subject to two ‘special’ cases. First, because the jurisprudence on Article 34 primarily concerned goods produced within the Union, the question arises whether the same constitutional principles also apply to restrictions imposed on goods coming from outside the Union. A second special problem, on the other hand, relates to export restrictions under Article 35. Section I discusses these special cases, while Section II subsequently explores the various exemptions and justifications for national measures considered to hinder intra-Union trade. According to the so-called ‘purely internal situation’ rule, the Court has traditionally exempted situations from the scope of both Articles 34 and 35 that were, as regards their facts, procedurally confined to a single Member State. This ‘procedural’ exemption was complemented by those substantive justifications expressly mentioned in Article 36, which were—after Cassis—themselves complemented by an unlimited number of ‘mandatory’ or ‘imperative’ requirements.

Keywords:   third-country goods, purely internal situations, export trade, Article 36, imperative requirements, proportionality

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