20. Free Movement of Goods: Quantitative Restrictions

Abstract

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter considers Articles 34-37 of the Treaty on the Functioning of the European Union (TFEU). Article 34 is the central provision and states that: ‘quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’. Article 35 contains similar provisions relating to exports, while Article 36 provides an exception for certain cases in which a state is allowed to place restrictions on the movement of goods. The European Court of Justice’s interpretation of Articles 34-37 has been important in achieving single market integration. It has given a broad interpretation to the phrase ‘measures having equivalent effect’ to a quantitative restriction (MEQR), and has construed the idea of discrimination broadly to capture both direct and indirect discrimination. The UK version contains a further section analysing issues concerning free movement of goods between the EU and the UK post-Brexit.