By Gareth Davies
First released in 2003. Routledge is an imprint of Taylor & Francis, an informa corporation.
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Whether or not these taxes are acceptable is something mainly considered under Art 90 of the EC Treaty. However, before coming to that it is necessary to know how to decide whether a sum of money collected on imports or exports should be considered as a tax that is to be considered under Art 90, or a charge under Art 25. 8 The difference is important, because the consequences are not the same. Art 25 is much stricter than Art 90. The rule is that if the money collected is part of ‘a general system of internal dues applied systematically to categories of products in accordance with objective criteria irrespective of the origin of the products’,9 then it is taxation, to be considered under Art 90.
1 Dassonville In Dassonville a Belgian rule came under scrutiny. It required that spirits imported and sold as Scotch whisky had to be accompanied by an official document from the government of the country of origin—which would be the UK government—certifying that they were indeed what they claimed. On the one hand, this rule could be defended as protecting the Belgian consumer from fake whisky. On the other hand, it blocked importers from buying Scotch in France, where it was cheap, and selling it in Belgium.
The Court has no tolerance at all for rules that tend to divide the internal market into national units. The Belgian rule did precisely this, entirely preventing exports from France to Belgium. It was a perfect example of an MEE. The Court gave what has now become the classic definition: …all trading rules enacted by member states which are capable of hindering, directly or indirectly, actually or potentially, Intra-Community trade are to be considered as measures having an effect equivalent to quantitative restrictions.