hey guys just wanted to start this video was a quick apology for not doing more videos For those of you who don't know I work for a website called legislation.gov.uk and we publish all of the laws the United Kingdom on our website. As you can imagine March has been a pretty busy month for me you referendum coming up as well as Welsh and Scottish Assembly elections apologies for that but I have received some really positive comments on the channel in the meantime from people like darkgenie 96 and sunnie as well and truly inspired me to try and do more videos you guys so hopefully try and do one every week or one every couple of weeks or so especially with the run-up to exams coming up. So this week free movement of goods and recently because main problems genes have been examiners is getting questions and articles for questions so obvious as possible and try to give you a top right from the start most questions that contain a value of money say for example attacks pounds or an inspection charge 25 euros will normally be with actual six where is when questioned contains a number of good for example 500 height planes prevented from entering the UK 300 sausages prevention exploit for example then that would normally say not so good place to start money to do with a number of good so we'll get more is about as we go through the BJS so let's make a stop right this weekend which is complete prohibition on customs duties on goods moving between states so I think that one of the things that scares people off answering questions are free of goods in an exam is that they think they need to degree in economics to understand it but it's actually relatively simple we think it's senator big countries in the world like Brazil United States Canada Russia China India Australia places like that you'll see that they're all really big countries not only in time geographical size and population but also in terms of their economy as well as if we meet here in Spain France United Kingdom Germany they're all relatively small countries both in terms of their size and their economy as well and so the whole point of the European Union was to join all of these countries together so that they'd be able to compete with places like Russia and like the United States I think they've you better find your way through any question and there's a basic principle and reason why the European Union exists then you go really fast question on it and it'll become a lot more clearer wider provisions are in place so let's get into the nitty-gritty about 4:30 then we have two countries here a and B and before the european union between these countries now the country's click trade with each other they agreed with each other that they would trade but often what happened was that there will be challenges place country exported goods can't repay then it would be a charge as it went through and the Bulls now hold plenty of the European Union and in particular article safety is to remove those borders say that country a country be trade freely with each other after thirteen particular looks at where countries closed to new borders between themselves and try to impose charges between them and re-establish those borders after thirty says at least just simply isn't allowed so any customs duty will be found under Article 88 really great stuff to any question on free movement of greatest say well argued safety problem question deals with our example you might want to say it does this be counted as an actual good free movement of goods and it's very simple because one case on this Italian our case from 1968 and it the quoted justice came up with a very simple definition can be valued money and other a subject commercial transaction in his words can they be traded between people and this is as a very old definition but it stands the test of time very well if you think it's things like iPhone outs for example and these would still fall under this definition because they can be valued in money so you will not be charged in the App Store and the subject commercial transaction even if the shop where you buy them is electronic in nature so it's quite broad definition and a necessary an easy way to start and end dates so it's also a negative due to this contrasts with a positive GDP where states have to actually do something negative gigi is the states are obliged not two days and in this case not to put borders between the countries say bank gentiles when the most famous cases in EU law and which way the Dutch government attempted to put a boundary between then and other countries this was to do with pharmaceutical products and he stepped in and said no the whole point is that you don't put customs charges or borders between these two countries and so the judge found liable in that case we have to look at the effects rather than the pastor said doesn't matter what reason country against putting up the border the fact of the matter is if the reasonable price simply won't be allowed no ifs no buts just no borders and no customs charges between the two countries so we've got a couple of cases here in diamond double IDAs the Belgian government try to put a charge to help these people who'd worked in the diamond industry and while this was a very noble objective in a good reason for the change the EU said well the reason behind it is important the fact of the matter is that shouldn't be any charges whatsoever and it highly enough as well the Indian government didn't want to lose many of its national treasure these paintings and statues and things like that from ancient history and they say they said that does the reason they put the charges and then again the East stepped in and said it doesn't matter what the reason is there simply isn't allowed any charges or any borders between the countries was so wasted countries trying get round this is too cool them customs geez Tuesday May cold the tax something else like a customs charge or customs tax and something like that and you know how autoclave the EU has basically said any charge which has affected the customs duty will not be allowed Commission in Italy 1969 any charges imposed when the goods crossing will effectively fall under Article setting and will not be allowed doesn't matter what they call the charged charges applied when the goods cross a boundary from one country into another then it will fall in the article and will also be bound belligerents directions is quite interesting because often goods traded between European countries are livestock said things like cattle and pigs and countries are concerned not to get diseases or have infected country now some countries impose compulsory charges and tried to charge the actual charge have a lot de said in this case and it is quite interesting is that because the effect of the health inspection benefits the population thats importing the goods it should be those people ie the importing country that pays to charge it shouldn't be exported as he did that and say the compulsory charging Commission in Belgium 1983 was not allowed under Article however in this case it also looked at an optional charged that countries could pay if they want to store their lives and for a longer period of time than was necessary inspection to take place and because this was optional in a way it's the ex quality could decide whether or not they did what this was a loud and drunk optional charges are allowed because it gives the company or the exporting country degree discretion Commission in Germany 1987 is also quite testing because we're charges are opposed by the EU across the whole of the 28 countries these will be allowed to show that can be charged as put in place basically because it's the same across the whole European Union now 10 see also closed and police as we've already sort of said countries will try to forge a pound reasoned point about tea is to allow free movement of goods across the borders now sentence she's trying get around this by imposing internal taxation so they won't impose charged at the bullet but rather they'll wait until the goods in the country and then imposed heavy taxation on them once they're inside so it doesn't fall under Article 30 because he's only concerned with where charge a case here crossing the border and its articles 110 looks at where the countries are trying to get around this by imposing a tax what's the good stuff inside the country and that won't be allowed after 110 is split into two parts ones that you should be no discrimination in taxation system between similar domestic goods imports as well st. John Walker the first case of 1986 looks at whether wish it similar to freely Cure and the cause of justice decided in this case that they weren't meters which he has a different alcohol content to fruit you cure and also the they are made in different ways as well so once commented and one is distilled Commission in italy is one of my favorite cases because the question before the court was deep in honors counters route now for me i think is probably do town street but the EU apparently disagrees and they had a lot of famous scientist come in India debate this issue about whether been honest accounting major cited the banana sorry we're not similar to other fruits such as apples pears oranges I think that technically been on this account do seeds rather than treat answer they weren't even less bearing in mind the winning hand as without you we have to act so close button stream and this was a tax imposed by the French government basically charged cars that were imported based on the size of their engine now French cars are obviously very small things like six-run Renault they have smaller engines and big German cars like volkswagen and BMWs and so it was an inadvertent mistake by the French government they didn't realize that they were discriminating against German cars as we share the European Court of Justice doesn't look at the purpose of taxation then you look at the effect and the effect was that there was discrimination between the French domestic cars and the imported German cars from the tax regime Ste 110 is more broad because it looks at competing domestic goods and import see a tradition in use in 1983 case the distinction between French and English and French wine was taxed at a higher rate than English beer and French government basically said to discriminate rate and so the Commission brought the case and article 258 and the question was did a good compete against each other so where is enjoying all the case on the previous light beer and wine might be seen as very different because one is obviously made from grain when is made from grapes in this case they actually sent worldly goods to compete against each other because when you go to the pub unite auto repair but some people might order a wide directly compete against each other in the alcohol market ste 110 Potts who is a lot more girls and this basically cheap questions to ask and when answering this question do the products compete against each other so what do you think about buying buying buying online well they obviously do compete and does attacks David domestic goods over imports and that's trying to get against and that's it article City prevents any challenges when goods cross ability and article one hundred and ten places the loophole whereby countries might impose a tax on goods are actually inside the country I think that if you're answering this essay question in the exam or even a problem question then we try and follow the pattern I went through in this presentation in other words stars start with actually defining what good move on to discuss things like looking at sex rather than the rest of the imposes a negative G and then used in case there as well to make judgment calls about whether you think products compete with each other always had a similar to using the bananas afraid to leave a comment below and that should be it really next time will be a little bit more complicated because we think that covers everything from schools teach so once again thanks very much for watching remember to leave a like comment if you have any questions or anything you'd like to say or recommendation and also make sure you subscribe as well and more pts each thanks very much