Derogation from the Free Movement of Goods in the EU: Article 30 and 'Cassis' Mandatory Requirements Doctrine

Year 2008, Volume: 1 Issue: 2, 106 - 113, 01.06.2008

Öznur İnanılır

Abstract

Under the term “single market,” it is important to understand the interpretation of Articles 28, 29 and 30 of the European Union Treaty. While Articles 28 – 29 prohibit quantitative restrictions and measures of equivalent effects, Article 30 provides an exception by listing categories like public health, public security and public morality. In this way, it gives a freedom to import and export goods without restrictions. However, the European Court of Justice (ECJ) held that the list of grounds for derogation in Article 30 is exhaustive.1 This means, new measures cannot be added to the scope of Article 30. On the other hand, the ECJ developed another exception list arising from the Cassis de Dijon2 case under the term of mandatory requirements. In this case, the Court held that this list is not exhaustive; it can be, and has been, added to by the ECJ3 . Consequently, both Article 30 and mandatory requirements constitute derogations from the principle of the free movements of goods. This essay argues the scope and limits of Member States’ discretion under these listed categories