The basis of the prohibition against limiting the free movement of goods in article 34 TFEU

Abstract

The objective of this thesis is to analyse the frequently-chartered limits of Article 34 TFEU in an attempt to uncover the Court's understanding of the very basis underlying the Treaty prohibition over the years. The problems related to the extraction of an all-encompassing definition of the notion of 'measures having equivalent effect', adequately reflective of all types of national measures possessing an intrinsic capability of undermining the very foundations of the internal market, have been intensified by the Court's varying policy considerations, inevitably, interlinked with the Union's development. This has resulted in notable inconsistencies, reflecting a certain sense of indecisiveness and inconclusiveness on the Court's part. The difficulties relating to the quantification of the appropriate degree of restriction in trade between Member States, actually required to find a violation of the Treaty prohibition, have, of their very nature, resulted in divergent, often-irreconcilable, understandings of the notorious boundaries determining the scope of the Treaty prohibition, a, seemingly irresolvable, dilemma which has retained academic interest throughout the years. Accordingly, this thesis charts the evolution of the Court's approach, providing insight into the varying conceptions surrounding the scope of the Treaty prohibition, identifying the inherent loopholes in the Court's current approach, and hinting at developments which might eventually ensure greater consistency and stability.