EU LAW

1. In the light of the increased concern about greenhouse gasses and global warming expressed in the Council of Ministers, pending Community action the UK government decided to introduce a number of measures aimed at dissuading individual on driving vehicles that were considered to have any particularly at first impact on the environment. The following measures were introduced:

a. Road tax was changed from a flat-rate to a rate which varied according to CO2 emissions. The top rate of tax, which affected cars with large engines many of which were imported from Germany, was three times the amount of the next tax band down. Motorbikes were not subject to this regime.

b. To ensure that cars were appropriately rated in respect of their emissions, all cars were inspected at random; all importers were charged a fee to cover the cost of the inspections, as well as the cost of undertaking a statistical survey on the impact of the measures on the use of cars with large engines.

Discuss the legality of these measures in the light of EU law.

2. What is the significance of the distinction between Articles 30TFEU, and 110TFEU in terms of the freedom of Member States to justify state measures?