Analyse the major themes that have arisen from the case law surrounding the express derogations available in relation to quantitative restrictions and measures having an equivalent effect on the import or export of goods between Member States.

DISCUSSION. Article 36 TFEU (30 TEC) provides an exhaustive list of exceptions to the prohibitions in Articles 34 and 35 TFEU. According to them, a state is allowed to place restrictions on the movement of goods through its borders (i.e., by way of imports, exports or goods in transit), so long as the measure is not a means of arbitrary discrimination or a disguised restriction on trade between Member States. QUESTION: 2). Critically examine the way(s) the ECJ has tested for whether a justification falls within the permitted categories of exception and decide whether the measure itself can be justified as proportional to its aims. 3). Include in the discussion any problems you see between the cross-over considerations raised by situations which can be discussed both in terms of express derogations or the mandatory requirements of the indistinctly applicable rules.

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