Parallel Imports - Flynn Pharma Ltd v Drugsrus Ltd
One of the fundamental principles of the European Union is that it "shall comprise a customs union which shall cover all trade in goods and which shall involve the prohibition between Member States of customs duties on imports and exports and of all charges having equivalent effect, and the adoption of a common customs tariff in their relations with third countries" (art 28 (1) of the Treaty on the Functioning of the European Union ( "TFEU" ). Art 34 of the TFEU further provides: "Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States." However, this is subject to the following exception provided by art 36: "The provisions of Articles 34 and 35 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals ...