DEFENCES IAMS

Question 1

CASSIS DE DIJON

Answer 1

• introduced 4 mandatory requirements
• they supplement art 36 TFEU And are:
• effectiveness of fiscal supervision
• protection of public health
• consumer protection
• Fairness of commercial transactions
• this is not an exhaustive list

Question 2

MANDATORY REQUIREMENTS

Answer 2

• case 178/84 bier case concerned the 2 mandatory requirements mostly used by MS
• they put forward consumer protection and public health
• there was a less restrictive way available which was labelling

Other interests are also recognised such as protection of environment case 302/86 comm v Denmark

• protection of fundamental rights is also a requirement Such as
• familiapress Which dealt with maintenance of press diversity
• schmidberger freedom of expression

Question 3

ARTICLE 36

Answer 3

• art 36 can be invoked by a MS as a derogation to art 34 for DAMs and IAMs
• there is an exhaustive list
• cassis mandatory can only be invoked by a MS to IAMs
• both derogations are subject to proportionality test
• distinction is becoming less significant