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103-650: The EEA and Norway Grants have their basis in the EEA Agreement. Under this agreement, Iceland, Liechtenstein, and Norway are part of the European Single Market (ESM) , which enables the free movement of goods, services, capital and people in the internal market. The EEA Agreement sets out the common goals involved in working together to reduce social and economic disparities in Europe and strengthen cooperation between European countries. Ever since

206-422: A European Court of Justice ruling in 1999 stated that fishing rights (or fishing permits) are not goods, but a provision of service. The ruling further explains that, both capital and service can be valued in money and are capable of forming the subject of commercial transactions, but they are not goods. Council Regulation (EC) 2679/98 of 7 December 1998, on the functioning of the internal market in relation to

309-529: A clearing system , TARGET , for large euro transactions. The final stage of completely free movement of capital was thought to require a single currency and monetary policy , eliminating the transaction costs and fluctuations of currency exchange. Following a Report of the Delors Commission in 1988, the Treaty of Maastricht made economic and monetary union an objective, first by completing

412-699: A "deterrent effect on portfolio investments" and reducing "the attractiveness of an investment". This suggested the Court's preference that a government, if it sought public ownership or control, should nationalise in full the desired proportion of a company in line with TFEU article 345. Capital within the EU may be transferred in any amount from one country to another (except that Greece currently has capital controls restricting outflows, and Cyprus imposed capital controls between 2013 and April 2015). All intra-EU transfers in euro are considered as domestic payments and bear

515-531: A 2019 estimate, because of the single market the GDP of member countries is on average 9 percent higher than it would be if tariff and non-tariff restrictions were in place. One of the core objectives of the European Economic Community (EEC) upon its establishment in 1957 was the development of a common market offering free movement of goods, service, people and capital. Free movement of goods

618-608: A Belgian law requiring all margarine to be in cube shaped packages infringed article 34, and was not justified by the pursuit of consumer protection. The argument that Belgians would believe it was butter if it was not cube shaped was disproportionate: it would "considerably exceed the requirements of the object in view" and labelling would protect consumers "just as effectively". In a 2003 case, Commission v Italy Italian law required that cocoa products that included other vegetable fats could not be labelled as "chocolate". It had to be "chocolate substitute". All Italian chocolate

721-475: A Dutch lawyer moved to Belgium while advising a client in a social security case, and was told he could not continue because Dutch law said only people established in the Netherlands could give legal advice. The Court of Justice held that the freedom to provide services applied, it was directly effective, and the rule was probably unjustified: having an address in the member state would be enough to pursue

824-768: A company from shifting its central administration to Italy while it still operated and was incorporated in Hungary. Thus, the court draws a distinction between the right of establishment for foreign companies (where restrictions must be justified), and the right of the state to determine conditions for companies incorporated in its territory, although it is not entirely clear why. The "freedom to provide services" under TFEU article 56 applies to people who provide services "for remuneration", especially in commercial or professional activity. For example, in Van Binsbergen v Bestuur van de Bedrijfvereniging voor de Metaalnijverheid

927-570: A company in the UK could admittedly provide services in Denmark without being established there, and there were less restrictive means of achieving the aim of creditor protection. This approach was criticised as potentially opening the EU to unjustified regulatory competition , and a race to the bottom in standards, like in the US where the state of Delaware attracts most companies and is often argued to have

1030-582: A company moving its seat of business, without infringing TFEU article 49. This meant the Daily Mail newspaper's parent company could not avoid tax by shifting its residence to the Netherlands without first settling its tax bills in the UK. The UK did not need to justify its action, as rules on company seats were not yet harmonised. By contrast, in Centros Ltd v Erhversus-og Selkabssyrelsen

1133-631: A disagreement between the science community and the Dutch government whether niacin in cheese posed a public risk. As public risk falls under article 36, meaning that a quantitative restriction can be imposed, it justified the import restriction against the Eyssen cheese company by the Dutch government. More generally, it has been increasingly acknowledged that fundamental human rights should take priority over all trade rules. So, in Schmidberger v Austria

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1236-463: A high level of protection and improvement of the quality of the environment, with also promoting scientific and technological advance. Even as the Lisbon Treaty came into force in 2009, however, some areas pertaining to parts of the four freedoms (especially in the field of services) had not yet been completely opened. Those, along with further work on the economic and monetary union, would see

1339-675: A lawyer from Stuttgart , who had set up chambers in Milan and was censured by the Milan Bar Council for not having registered, should claim for breach of establishment freedom, rather than service freedom. However, the requirements to be registered in Milan before being able to practice would be allowed if they were non-discriminatory, "justified by imperative requirements in the general interest" and proportionately applied. All people or entities that engage in economic activity, particularly

1442-605: A lawyer to the Belgian bar because he lacked Belgian nationality was unjustified. TFEU article 49 says states are exempt from infringing others' freedom of establishment when they exercise "official authority", but this did an advocate's work (as opposed to a court's) was not official. By contrast in Commission v Italy the Court of Justice held that a requirement for lawyers in Italy to comply with maximum tariffs unless there

1545-452: A mandatory requirement. Harmonisation would only be used to overcome barriers created by trade restrictions which survived the Cassis mandatory requirements test, and to ensure essential standards where there was a risk of a race to the bottom . Thus, harmonisation was largely used to ensure basic health and safety standards were met. By 1992 about 90% of the issues had been resolved and in

1648-509: A presumption that "selling arrangements" would be presumed to not fall into TFEU article 34, if they applied equally to all sellers, and affected them in the same manner in fact. In Keck and Mithouard two importers claimed that their prosecution under a French competition law , which prevented them from selling Picon beer under wholesale price, was unlawful. The aim of the law was to prevent cut throat competition , not to hinder trade. The Court of Justice held, as "in law and in fact" it

1751-410: A strategic role in programme planning and implementation, as well as in facilitating project partnership. In the 2014–2021 funding period, there are 21 DPPs involved (two from Iceland, one from Liechtenstein and 18 from Norway). The Donor Programme Partners are mostly public bodies with national mandates in their respective fields and with extensive international experience. These DPPs were designated on

1854-571: Is a customs duty if it is proportionate to the value of the goods; if it is proportionate to the quantity, it is a charge having equivalent effect to a customs duty. There are three exceptions to the prohibition on charges imposed when goods cross a border, listed in Case 18/87 Commission v Germany. A charge is not a customs duty or charge having equivalent effect if: Article 110 of the TFEU provides: No Member State shall impose, directly or indirectly, on

1957-599: Is also true in the context of the UK's National Health Service . Aside from public services, another sensitive field of services are those classified as illegal. Josemans v Burgemeester van Maastricht held that the Netherlands' regulation of cannabis consumption, including the prohibitions by some municipalities on tourists (but not Dutch nationals) going to coffee shops , fell outside article 56 altogether. The Court of Justice reasoned that narcotic drugs were controlled in all member states, and so this differed from other cases where prostitution or other quasi-legal activity

2060-407: Is hoped to avoid a regulatory " race to the bottom ", while allowing consumers access to goods from around the continent. Free movement of capital was traditionally seen as the fourth freedom, after goods, workers and persons, services and establishment. The original Treaty of Rome required that restrictions on free capital flows only be removed to the extent necessary for the common market. From

2163-419: Is imposed unilaterally on domestic or foreign goods by reason of the fact that they cross a frontier, and which is not a customs duty in the strict sense, constitutes a charge having an equivalent effect... even if it is not imposed for the benefit of the state, is not discriminatory or protective in effect and if the product on which the charge is imposed is not in competition with any domestic product. A charge

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2266-425: Is studied and governed by a variety of national and international institutions. The relationships between energy- resource depletion , climate change , health resources and the environment, and the effects that they have on each other, have been subject to numerous scientific studies and research efforts. As a result, a majority of governments see climate and energy as two of the most important policy goals of

2369-601: Is the adoption of harmonising legislation under Article 114 of the Treaty on the Functioning of the European Union (TFEU). The commission also relied upon the European Court of Justice 's Cassis de Dijon jurisprudence, under which member states were obliged to recognise goods which had been legally produced in another member state, unless the member state could justify the restriction by reference to

2472-654: The 13 countries that joined the EU after 2003 . The contribution of each donor country is based on their gross domestic product (GDP). The five Priority Sectors (PSs) and related 23 Programme Areas (PAs) funded in the 2014–2021 period reflect the priorities set out in the 'Europe 2020 Strategy' – the European Union's ten-year growth strategy for smart, sustainable and inclusive growth – and the EU's 11 cohesion policy objectives. They aim at contributing to growth and jobs, tackling climate change and energy dependence while reducing poverty and social exclusion. They also promote bilateral and international cooperation. A new feature of

2575-535: The Capital Movement Directive 1988 , Annex I, 13 categories of capital which must move free are covered. In Baars v Inspecteur der Belastingen Particulieren the Court of Justice held that for investments in companies, the capital rules, rather than freedom of establishment rules, were engaged if an investment did not enable a "definite influence" through shareholder voting or other rights by

2678-474: The Court of Justice held that Austria did not infringe article 34 by failing to ban a protest that blocked heavy traffic passing over the A13, Brenner Autobahn , en route to Italy. Although many companies, including Mr Schmidberger's German undertaking, were prevented from trading, the Court of Justice reasoned that freedom of association is one of the "fundamental pillars of a democratic society", against which

2781-531: The Court of Justice held that this rule meant all "trading rules" that are "enacted by Member States" which could hinder trade "directly or indirectly, actually or potentially" would be caught by article 34. This meant that a Belgian law requiring Scotch whisky imports to have a certificate of origin was unlikely to be lawful. It discriminated against parallel importers like Mr Dassonville, who could not get certificates from authorities in France, where they bought

2884-450: The Court of Justice reviewed Swedish bans on advertising to children under age 12, and misleading commercials for skin care products. While the bans have remained (justifiable under article 36 or as a mandatory requirement) the Court emphasised that complete marketing bans could be disproportionate if advertising were "the only effective form of promotion enabling [a trader] to penetrate" the market. In Konsumentombudsmannen v Gourmet AB

2987-527: The European Union is achieved by a customs union and the principle of non-discrimination. The EU manages imports from non-member states, duties between member states are prohibited, and imports circulate freely. In addition under the Treaty on the Functioning of the European Union article 34, 'Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States'. In Procureur du Roi v Dassonville

3090-606: The Eurozone crisis . According to TFEU articles 119 and 127, the objective of the European Central Bank and other central banks ought to be price stability . This has been criticised for apparently being superior to the objective of full employment in the Treaty on European Union article 3. Within the building on the Investment Plan for Europe, for a closer integration of capital markets, in 2015,

3193-519: The Scotch . This "wide test", to determine what could potentially be an unlawful restriction on trade, applies equally to actions by quasi-government bodies, such as the former " Buy Irish " company that had government appointees. It also means states can be responsible for private actors. For instance, in Commission v France French farmer vigilantes were continually sabotaging shipments of Spanish strawberries , and even Belgian tomato imports. France

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3296-718: The Treaty of Maastricht , now in TFEU article 63, "all restrictions on the movement of capital between the Member States and between Member States and third countries shall be prohibited". This means capital controls of various kinds are prohibited, including limits on buying currency, limits on buying company shares or financial assets, or government approval requirements for foreign investment . By contrast, taxation of capital, including corporate tax , capital gains tax and financial transaction tax , are not affected so long as they do not discriminate by nationality. According to

3399-551: The free movement of goods among the Member States, was aimed at preventing obstacles to the free movement of goods attributable to "action or inaction" by a Member State. The regulation empowered the Commission to request intervention by a Member State when the actions of private individuals were creating an "obstacle" to free movement of goods. A resolution was adopted by the Council and member state government representatives on

3502-401: The "freedom of establishment" in article 49, and " freedom to provide services " in article 56. In Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano the Court of Justice held that to be "established" means to participate in economic life "on a stable and continuous basis", while providing "services" meant pursuing activity more "on a temporary basis". This meant that

3605-634: The 13 countries that joined the EU after 2003. Spain received only transitional funding in the 2009–2014 period. After joining the EU in 2013, Croatia became a member of the EEA in 2014, and consequently a beneficiary country of the EEA and Norway Grants. * % incurred of eligible expenditure amount. Data extracted on 5 September 2019 and subject to change. Cooperation through bilateral programmes and projects provides an arena for exchange of knowledge, mutual learning from best practices and developing joint policies. 23 Donor Programme Partners (DPPs) were involved in

3708-464: The 2009–2014 funding period (20 from Norway, two from Iceland and one from Liechtenstein). In addition, the Council of Europe participated as a DPP on some of the programmes. More than 30% of the 7,000 projects funded in this period had a Donor Project Partner involved. There were nearly 1,000 partners from the donor countries (185 from Iceland, 11 from Liechtenstein and 780 from Norway). The End Review of he EEA and Norway Grants 2009-2014 sheds light on

3811-588: The Agreement on the European Economic Area ), and Switzerland (through sectoral treaties ). The single market seeks to guarantee the free movement of goods , capital , services , and people , known collectively as the "four freedoms". This is achieved through common rules and standards that all participating states are legally committed to follow. Any potential EU accession candidates are required to agree to association agreements with

3914-620: The Commission adopted the Action Plan on Building a Capital Markets Union (CMU) setting out a list of key measures to achieve a true single market for capital in Europe, which deepens the existing Banking Union, because this revolves around disintermediated, market-based forms of financing, which should represent an alternative to the traditionally predominant (in Europe) bank-based financing channel. The EU's political and economic context call for strong and competitive capital markets to finance

4017-609: The Court of Justice found that a UK limited company operating in Denmark could not be required to comply with Denmark's minimum share capital rules. UK law only required £1 of capital to start a company, while Denmark's legislature took the view companies should only be started up if they had 200,000 Danish krone (around €27,000) to protect creditors if the company failed and went insolvent . The Court of Justice held that Denmark's minimum capital law infringed Centros Ltd's freedom of establishment and could not be justified, because

4120-399: The Court reasoned that the prohibition would deter people from buying it: it would have "a considerable influence on the behaviour of consumers" that "affects the access of that product to the market ". It would require justification under article 36, or as a mandatory requirement. In contrast to product requirements or other laws that hinder market access , the Court of Justice developed

4223-535: The Court suggested that a total ban for advertising alcohol on the radio, TV and in magazines could fall within article 34 where advertising was the only way for sellers to overcome consumers' "traditional social practices and to local habits and customs" to buy their products, but again the national courts would decide whether it was justified under article 36 to protect public health. Under the Unfair Commercial Practices Directive ,

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4326-538: The Dutch prohibition pursued a legitimate aim to prevent "undesirable developments in securities trading" including protecting the consumer from aggressive sales tactics, thus maintaining confidence in the Dutch markets. In Omega Spielhallen GmbH v Bonn a "laserdrome" business was banned by the Bonn council. It bought fake laser gun services from a UK firm called Pulsar Ltd, but residents had protested against "playing at killing" entertainment. The Court of Justice held that

4429-654: The EEA Agreement entered into force, Iceland, Liechtenstein, and Norway have contributed to social and economic progress in several countries of the EU and EEA. These contributions have been channelled through the Financial Mechanism (1994–1998), the Financial Instrument (1999–2003) and the EEA and Norway Grants (2004–2009, 2009–2014, 2014–2021). In total, Norway, Iceland and Liechtenstein provided €3.3 billion through consecutive grant schemes between 1994 and 2014. A further contribution of €2.8 billion

4532-478: The EEA and Norway Grants 2014–2021 is the establishment of the Fund for Youth Employment (€65.5 million) and the Fund for Regional Cooperation (€34.5 million), which support European cross-border and transnational project initiatives to find solutions to some of Europe's common challenges. All the programmes under the EEA and Norway Grants 2014–2021 will run until 30 April 2024. The Donor Programme Partners (DPPs) play

4635-408: The EU and the EEA and Norway Grants are complementary. Each National Focal Point is responsible for overall management of programs in its beneficiary country. The Programme Operators develop and manage programs, often in cooperation with a partner from the donor states, and award funding to projects. One of the two main goals of the EEA and Norway Grants is to increase cooperation and relations between

4738-589: The EU before 2004 are ineligible for receiving funding under the Norway Grants; Greece and Portugal, therefore, only receive EEA Grants funding. First, the EU and the three Donor States agree on a Memorandum Of Understanding (MoU) for the total contribution and distribution of funding per beneficiary state. Country allocations are based on population size and GDP per capita. Second, Iceland, Liechtenstein, and Norway negotiate with each beneficiary state to agree on which programs to establish, their objectives, and

4841-532: The EU during the negotiation, which must be implemented prior to accession. In addition, through three individual agreements on a Deep and Comprehensive Free Trade Area (DCFTA) with the EU, Georgia , Moldova , and Ukraine have also been granted limited access to the single market in selected sectors. Turkey has access to the free movement of some goods via its membership in the European Union–Turkey Customs Union . The United Kingdom left

4944-481: The EU economy. The CMU project is a political signal to strengthen the single market as a project of all 28 Member States, instead of just the Eurozone countries, and sent a strong signal to the UK to remain an active part of the EU, before Brexit. As well as creating rights for "workers" who generally lack bargaining power in the market, the Treaty on the Functioning of the European Union or TFEU also protects

5047-737: The EU external border goods may circulate freely between member states. Under the operation of the Single European Act , customs border controls between member states have been largely abandoned. Physical inspections on imports and exports have been replaced mainly by audit controls and risk analysis. Article 30 of the TFEU prohibits not only customs duties but also charges having equivalent effect. The European Court of Justice defined "charge having equivalent effect" in Commission v Italy . [A]ny pecuniary charge, however small and whatever its designation and mode of application, which

5150-420: The EU harmonised restrictions on restrictions on marketing and advertising, to forbid conduct that distorts average consumer behaviour, is misleading or aggressive, and sets out a list of examples that count as unfair. Increasingly, states have to give mutual recognition to each other's standards of regulation, while the EU has attempted to harmonise minimum ideals of best practice. The attempt to raise standards

5253-507: The EU move further to a European Home Market . The "Four Freedoms" of the single market are: The range of "goods" (or "products") covered by the term "free movement of goods" "is as wide as the range of goods in existence". Goods are only covered if they have economic value, i.e. they can be valued in money and are capable of forming the subject of commercial transactions. Works of art , coins which are no longer in circulation and water are noted as examples of "goods". Fish are goods, but

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5356-632: The EU, but also the European Economic Area (EEA). This enlargement required a substantial increase in the contributions towards European cohesion. Most of the new member states were considerably below the EU average in terms of their social and economic development. The EEA and Norway Grants made available €1.3 billion for the 2004–2009 period. The EEA Grants (€672 million) supported 15 beneficiary states in Central and Southern Europe. The Norway Grants provided an additional €567 million to

5459-536: The European single market on 31 December 2020. An agreement was reached between the UK Government and European Commission to align Northern Ireland on rules for goods with the European single market, to maintain an open border on the island of Ireland . The market is intended to increase competition , labour specialisation , and economies of scale , allowing goods and factors of production to move to

5562-521: The German constitutional value of human dignity , which underpinned the ban, did count as a justified restriction on the freedom to provide services. In Liga Portuguesa de Futebol v Santa Casa da Misericórdia de Lisboa the Court of Justice also held that the state monopoly on gambling, and a penalty for a Gibraltar firm that had sold internet gambling services, was justified to prevent fraud and gambling where people's views were highly divergent. The ban

5665-415: The German government's arguments that the measure proportionately protected public health under TFEU article 36, because stronger beverages were available and adequate labelling would be enough for consumers to understand what they bought. This rule primarily applies to requirements about a product's content or packaging. In Walter Rau Lebensmittelwerke v De Smedt PVBA the Court of Justice found that

5768-525: The Grants support in 16 EU countries. The following independent evaluations and reviews were conducted for the 2009–2014 funding period: The EEA and Norway Grants' results and data portal provides more information about the programmes and projects funded during the 2009–2014 period. Source: With the expansion of the EU in 2004, ten new countries – Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia – not only joined

5871-564: The aim "to ensure normal conditions of competition and to remove all restrictions of a fiscal nature capable of hindering the free movement of goods within the Common Market". Aspects of the EU Customs area extend to a number of non-EU-member states, namely Andorra , Monaco , San Marino and Turkey, under separately negotiated arrangements. The United Kingdom agreed on a trade deal with the European Union on 24 December 2020, which

5974-427: The area where they are most valued, thus improving the efficiency of the allocation of resources. It is also intended to drive economic integration whereby the once separate economies of the member states become integrated within a single EU-wide economy. The creation of the internal market as a seamless, single market is an ongoing process, with the integration of the service industry still containing gaps. According to

6077-565: The association to join the EU. The European Commission took over the responsibilities for the contributions of these three countries to the Financial Mechanism 1994–1998. European Single Market The European single market , also known as the European internal market or the European common market , is the single market comprising mainly the 27 member states of the European Union (EU). With certain exceptions, it also comprises Iceland , Liechtenstein , Norway (through

6180-529: The beneficiary and donor countries. Partnerships between entities from the beneficiary countries and their counterparts in Iceland, Liechtenstein and Norway are a fundamental part of the Grants and offer an opportunity to tackle common European challenges. Bilateral partnerships between public and private institutions in the donor and beneficiary countries are widely encouraged. Cooperation between people and institutions at administrative and political levels and in

6283-407: The corresponding domestic transfer costs. This includes all member States of the EU, even those outside the eurozone providing the transactions are carried out in euro. Credit/debit card charging and ATM withdrawals within the Eurozone are also charged as domestic; however, paper-based payment orders, like cheques, have not been standardised so these are still domestic-based. The ECB has also set up

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6386-465: The costs of receiving treatment in Germany. The Dutch health authorities regarded the treatment as unnecessary, so she argued this restricted the freedom (of the German health clinic) to provide services. Several governments submitted that hospital services should not be regarded as economic, and should not fall within article 56. But the Court of Justice held that health care was a "service" even though

6489-704: The decision-making mechanisms of the EEC and set a deadline of 31 December 1992 for the completion of a single market. In the end, it was launched on 1 January 1993. The new approach, pioneered at the Delors Commission, combined positive and negative integration, relying upon minimum rather than exhaustive harmonisation. Negative integration consists of prohibitions imposed on member states banning discriminatory behaviour and other restrictive practices. Positive integration consists of approximating laws and standards. Especially important (and controversial) in this respect

6592-459: The donors have established strategic partnerships with three European partners, which act as International Partner Organisations (IPOs) in the 2014–2021 funding period: For the 2009–2014 period, €1.8 billion was set aside under the Grants. The EEA Grants (€993.5 million), jointly financed by Iceland (3%), Liechtenstein (1%) and Norway (96%), were available in 16 countries. The Norway Grants (€804.6 million), solely financed by Norway, were available in

6695-610: The environment, press diversity, fairness in commerce, and more: the categories are not closed. In the most famous case Rewe-Zentral AG v Bundesmonopol für Branntwein , the Court of Justice found that a German law requiring all spirits and liqueurs (not just imported ones) to have a minimum alcohol content of 25 per cent was contrary to TFEU article 34, because it had a greater negative effect on imports. German liqueurs were over 25 per cent alcohol, but Cassis de Dijon , which Rewe-Zentrale AG wished to import from France, only had 15 to 20 per cent alcohol. The Court of Justice rejected

6798-401: The following areas of support: More than one in five supported projects were partnership projects between entities in the beneficiary states, and Iceland, Liechtenstein or Norway. The End review of the EEA and Norway Grants 2004–2009 concluded that "the EEA and Norway Grants 2004–2009 have contributed to reducing disparities in Europe […] and the benefits locally have been significant". In

6901-419: The free movement of goods had to be balanced, and was probably subordinate. If a member state does appeal to the article 36 justification, the measures it takes have to be applied proportionately . This means the rule must be pursue a legitimate aim and (1) be suitable to achieve the aim, (2) be necessary, so that a less restrictive measure could not achieve the same result, and (3) be reasonable in balancing

7004-410: The freedom to provide services in respect of public works contracts. The Court of Justice has held that secondary education falls outside the scope of article 56, because usually the state funds it, though higher education does not. Health care generally counts as a service. In Geraets-Smits v Stichting Ziekenfonds Mrs Geraets-Smits claimed she should be reimbursed by Dutch social insurance for

7107-436: The government (rather than the service recipient) paid for the service. National authorities could be justified in refusing to reimburse patients for medical services abroad if the health care received at home was without undue delay, and it followed "international medical science" on which treatments counted as normal and necessary. The Court requires that the individual circumstances of a patient justify waiting lists, and this

7210-461: The initiative of the donor countries. Intergovernmental organisations and actors play an important role in the EEA and Norway Grants, as they monitor compliance with international conventions and treaties across Europe. These organisations provide assistance in areas linked to human rights, democracy and the rule of law. In order to ensure that the programmes and projects of the EEA and Norway Grants are aligned with European and international standards,

7313-466: The interests of free trade with interests in article 36. Often rules apply to all goods neutrally, but may have a greater practical effect on imports than domestic products. For such "indirect" discriminatory (or "indistinctly applicable") measures the Court of Justice has developed more justifications: either those in article 36, or additional "mandatory" or "overriding" requirements such as consumer protection , improving labour standards , protecting

7416-545: The internal market by incorporating the Schengen Area within the competences of the EU. The Schengen Agreement implements the abolition of border controls between most member states, common rules on visas, and police and judicial co-operation. The official goal of the Lisbon Treaty was to establish an internal market, which would balance economic growth and price stability, a highly competitive social market economy , aiming at full employment and social progress, and

7519-406: The internal market, second by creating a European System of Central Banks to co-ordinate common monetary policy, and third by locking exchange rates and introducing a single currency, the euro . Today, 20 member states have adopted the euro , one is in the process of adopting ( Bulgaria ), one has determined to opt-out ( Denmark ) and 5 member states have delayed their accession, particularly since

7622-522: The investor. That case held a Dutch Wealth Tax Act 1964 unjustifiably exempted Dutch investments, but not Mr Baars' investments in an Irish company, from the tax: the wealth tax, or exemptions, had to be applied equally. On the other hand, TFEU article 65(1) does not prevent taxes that distinguish taxpayers based on their residence or the location of an investment (as taxes commonly focus on a person's actual source of profit) or any measures to prevent tax evasion . Apart from tax cases, largely following from

7725-427: The legitimate aim of good administration of justice. Case law states that the treaty provisions relating to the freedom to provide services do not apply in situations where the service, service provider and other relevant facts are confined within a single member state. An early Council Directive from 26 July 1971 included works contracts within the scope of services, and provided for the abolition of restrictions on

7828-565: The opinions of Advocate General Maduro , a series of cases held that government owned golden shares were unlawful. In Commission v Germany the Commission claimed the German Volkswagen Act 1960 violated article 63, in that §2(1) restricted any party having voting rights exceeding 20% of the company, and §4(3) allowed a minority of 20% of shares held by the Lower Saxony government to block any decisions. Although this

7931-466: The period from 1999 to 2003, Greece, Ireland , Northern Ireland , Portugal and Spain received €119.6 million from the EEA EFTA States (Iceland, Liechtenstein and Norway). Projects were supported within the fields of environmental protection, urban renewal, pollution in urban areas, protection of cultural heritage, transport, education and training, and academic research. About 93% of the funding

8034-407: The private sector, academia and civil society is a prerequisite to strengthen bilateral relations. For the period from 2014 to 2021, €2.8 billion has been set aside under the Grants. The EEA Grants (€1.55 billion) are jointly financed by Iceland (3%), Liechtenstein (1%) and Norway (96%) and available in all 15 countries. The Norway Grants (€1.25 billion) are solely financed by Norway and available in

8137-464: The products of other member states any internal taxation of any kind in excess of that imposed directly or indirectly on similar domestic products. Furthermore, no Member State shall impose on the products of other member states any internal taxation of such a nature as to afford indirect protection to other products. In the taxation of rum case , the ECJ stated that: The Court has consistently held that

8240-547: The public interest in collecting taxes, denial of capacity went too far: it was an "outright negation" of the right of establishment. However, in Cartesio Oktató és Szolgáltató bt the Court of Justice affirmed again that because corporations are created by law, they are in principle subject to any rules for formation that a state of incorporation wishes to impose. This meant that the Hungarian authorities could prevent

8343-476: The purpose of Article 90 EC [now Article 110], as a whole, is to ensure the free movement of goods between the member states under normal conditions of competition, by eliminating all forms of protection which might result from the application of discriminatory internal taxation against products from other member states, and to guarantee absolute neutrality of internal taxation as regards competition between domestic and imported products. Free movement of goods within

8446-412: The rest of the developed world, Margaret Thatcher sent Lord Cockfield to the Delors Commission to take the initiative to attempt to relaunch the common market. Cockfield wrote and published a White Paper in 1985 identifying 300 measures to be addressed in order to complete a single market. The White Paper was well received and led to the adoption of the Single European Act , a treaty which reformed

8549-432: The same day, under which the member states agreed to take action where necessary to protect the free movement of goods and other freedoms, and to issue public information where there were disruptions, including their efforts to address obstacles to free movement of goods. The customs union of the European Union removes customs barriers between member states and operates a common customs policy towards third countries, with

8652-665: The same year the Maastricht Treaty set about to create an Economic and Monetary Union as the next stage of integration. Work on freedom for services took longer, and was the last freedom to be implemented, mainly through the Posting of Workers Directive (adopted in 1996) and the Directive on services in the internal market (adopted in 2006). In 1997 the Amsterdam Treaty abolished physical barriers across

8755-404: The self-employed, or "undertakings" such as companies or firms, have a right to set up an enterprise without unjustified restrictions. The Court of Justice has held that both a member state government and a private party can hinder freedom of establishment, so article 49 has both "vertical" and "horizontal" direct effect. In Reyners v Belgium the Court of Justice held that a refusal to admit

8858-456: The size of the allocation to each one. The agreements are based on national needs and priorities in the beneficiary states and the scope for cooperation with the donor states. The European Commission is consulted during the negotiations to avoid duplication and to ensure funding is targeted where it will have the greatest impact. Programmes implemented under the EEA and Norway Grants must comply with EU rules and standards. The funds provided by

8961-490: The social welfare system or public safety in their chosen member state. This required reduction of administrative formalities and greater recognition of professional qualifications of other states. Fostering the free movement of people has been a major goal of European integration since the 1950s. Climate change and energy In the 21st century, the Earth's climate and its energy policy interact and their relationship

9064-529: The ten countries that joined the EU in 2004. Apart from these two mechanisms, Norway allocated €68 million through the Norwegian bilateral cooperation programmes with Bulgaria and Romania, once the two states joined the EU in 2007. Norway, as the largest donor, provided close to 97% of the total funding in 2004–2009. From 2004 to 2009, 1250 projects were awarded financial support through the EEA and Norwegian Financial Mechanisms. These projects were funded under

9167-623: The three donor countries: Iceland, Liechtenstein, and Norway; while the Norway Grants are solely financed by Norway. The eligibility for the EEA and Norway Grants mirrors the criteria set for the EU Cohesion Fund aimed at member states where the gross national income (GNI) per inhabitant is less than 90% of the EU average. For the 2014–2021 funding period, these countries are Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovakia and Slovenia. Countries that have entered

9270-547: The twenty first century. The correlation between climate and energy rests on known causal relationships between human population growth , rising energy consumption and land use and the resulting greenhouse gas emissions and climate change . The concern for climate change control and mitigation has consequently spurred policy makers and scientists to treat energy use and global climate as an inextricable nexus with effects also going in reverse direction and create various initiatives, institutions and think tanks for

9373-405: The use of a product, this can also infringe article 34. So, in a 2009 case, Commission v Italy , the Court of Justice held that an Italian law prohibiting motorcycles or mopeds from pulling trailers infringed article 34. Again, the law applied neutrally to everyone, but disproportionately affected importers, because Italian companies did not make trailers. This was not a product requirement, but

9476-470: The worst standards of accountability of boards, and low corporate taxes as a result. Similarly in Überseering BV v Nordic Construction GmbH the Court of Justice held that a German court could not deny a Dutch building company the right to enforce a contract in Germany on the basis that it was not validly incorporated in Germany. Although restrictions on freedom of establishment could be justified by creditor protection, labour rights to participate in work, or

9579-473: Was an agreement with a client was not a restriction. The Grand Chamber of the Court of Justice held the commission had not proven that this had any object or effect of limiting practitioners from entering the market. Therefore, there was no prima facie infringement freedom of establishment that needed to be justified. In regard to companies, the Court of Justice held in R (Daily Mail and General Trust plc) v HM Treasury that member states could restrict

9682-431: Was an equally applicable "selling arrangement" (not something that alters a product's content ) it was outside the scope of article 34, and so did not need to be justified. Selling arrangements can be held to have an unequal effect "in fact" particularly where traders from another member state are seeking to break into the market, but there are restrictions on advertising and marketing. In Konsumentombudsmannen v De Agostini

9785-416: Was established in principle through the customs union between its then- six member states . However, the EEC struggled to enforce a single market due to the absence of strong decision-making structures. Because of protectionist attitudes, it was difficult to replace intangible barriers with mutually recognized standards and common regulations. In the 1980s, when the economy of the EEC began to lag behind

9888-825: Was liable for these hindrances to trade because the authorities "manifestly and persistently abstained" from preventing the sabotage. Generally speaking, if a member state has laws or practices that directly discriminate against imports (or exports under TFEU article 35) then it must be justified under article 36, which outlines all of the justifiable instances. The justifications include public morality , policy or security, "protection of health and life of humans , animals or plants", "national treasures" of "artistic, historic or archaeological value" and "industrial and commercial property". In addition, although not clearly listed, environmental protection can justify restrictions on trade as an over-riding requirement derived from TFEU article 11. The Eyssen v Netherlands c ase from 1981 outlined

9991-470: Was made available in the 2014–2021 funding period. The three donor countries contribute according to their size and gross domestic product (GDP). Consequently, Norway provides 97.7%, Iceland 1.6%, and Liechtenstein 0.7% of the funding for the 2014–2021 EEA and Norway Grants combined. Since 2004, there have been two separate mechanisms: the EEA Grants and the Norway Grants. The EEA Grants are financed by

10094-423: Was made from cocoa butter alone, but British, Danish and Irish manufacturers used other vegetable fats. They claimed the law infringed article 34. The Court of Justice held that a low content of vegetable fat did not justify a "chocolate substitute" label. This was derogatory in the consumers' eyes. A "neutral and objective statement" was enough to protect consumers. If member states place considerable obstacles on

10197-546: Was not an impediment to the actual purchase of shares, or receipt of dividends by any shareholder, the Court of Justice 's Grand Chamber agreed that it was disproportionate for the government's stated aim of protecting workers or minority shareholders. Similarly, in Commission v Portugal the Court of Justice held that Portugal infringed free movement of capital by retaining golden shares in Portugal Telecom that enabled disproportionate voting rights, by creating

10300-896: Was proportionate as this was an appropriate and necessary way to tackle the serious problems of fraud that arise over the internet. In the Services Directive a group of justifications were codified in article 16 that the case law has developed. In May 2015 the Juncker Commission announced a plan to reverse the fragmentation of internet shopping and other online services by establishing a Single Digital Market that would cover digital services and goods from e-commerce to parcel delivery rates, uniform telecoms and copyright rules. The free movement of people means EU citizens can move freely between member states for whatever reason (or without any reason) and may reside in any member state they choose if they are not an undue burden on

10403-469: Was signed by Prime Minister Boris Johnson on 30 December 2020. Article 30 of the Treaty on the Functioning of the European Union ("TFEU") prohibits border levies between member states on both European Union Customs Union produce and non-EUCU (third-country) produce. Under Article 29 of the TFEU, customs duty applicable to third country products are levied at the point of entry into EUCU, and once within

10506-589: Was spent on projects related to environmental protection. The Financial Mechanism 1994–1998 covers Greece, Ireland, Northern Ireland, Portugal and Spain. The projects were supported within the fields of environmental protection, education and training, and transport. In addition to the €500 million in project support, interest rebates were granted on loans amounting to €1.5 billion in the European Investment Bank (EIB). Finland , Sweden and Austria , which until 1994 had been members of EFTA, left

10609-431: Was subject to restriction. If an activity does fall within article 56, a restriction can be justified under article 52 or over-riding requirements developed by the Court of Justice. In Alpine Investments BV v Minister van Financiën a business that sold commodities futures (with Merrill Lynch and another banking firm) attempted to challenge a Dutch law prohibiting cold calling customers. The Court of Justice held

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