'Session 3: Goods and Services' - Laurence Gormley: CELS Brexit Symposium

Cambridge Centre for European Legal Studies (CELS) Podcast

Faculty of Law, University of Cambridge

Business, Education, Society & Culture

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🗓️ 14 March 2019

⏱️ 23 minutes

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Summary

On 14 March 2019 the Centre for European Legal Studies (CELS) hosted a symposium to discuss the potential implications of Brexit. The aim of this event was to provide informed commentary on issues within the ongoing Brexit process (whatever they may be). Programme: Session 1: Free Movement of Persons and Establishment What are the consequences of the Brexit process for the immediate and future rights of EU citizens within the UK and UK citizens travelling to or working within the EU. This would cover both the right to work, the right to be self-employed, and the rights of those not in employment. Chair: John Bell Martin Steinfeld (University of Cambridge) Eleanor Spaventa (Bocconi University, Italy) Session 2: External Relations What is the effect of the Brexit process on the UK’s ability to conclude trade agreements? What are the potential frameworks within which these might be developed? Chair: Geoffrey Edwards (POLIS) Markus Gehring (University of Cambridge) Georges Baur (Liechtenstein Institute, Formerly EFTA) Session 3: Goods and Services What is the effect of present and proposed arrangements on the free movement of goods and services? How far are the UK and EU markets to be segmented and how will this affect trading across borders, notably that in Northern Ireland? Chair: Stephen Weatherill (University of Oxford) Laurence Gormley (University of Groningen) Gareth Davies (Vrije University, Amsterdam) Session 4: Competition Law How will the substantive rules and procedures on competition law and state aids be affected by the Brexit process in the short and medium term? Chair: Albertina Albors-Llorens (University of Cambridge) Oke Odudu (University of Cambridge) Tim Ward (Monckton Chambers)

Transcript

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0:00.0	Well, ladies and gentlemen, thank you, Chairman Steve, for the introduction.
0:09.8	I just say when I was the Commission, I dealt with quite a lot of UK cases, including
0:18.7	cases where the Commission was acting on as a result of complaints from
0:23.9	sometimes from foreign companies, sometimes from UK complaints.
0:28.6	And while the UK occasionally managed to fight off infringement procedures without actually having got to court but getting a political deal done in the
0:40.7	in the commission the funny thing was if you think of say buying spectacles outside optician shops
0:49.5	or even London taxis which is i think probably the only case, which I really lost out on the
0:58.0	in the Commission. Never lost a case before the Court, but the Commission, sometimes they knew
1:04.4	that if you wanted to stop a dossier, you had to stop it getting out of the Commission, stop
1:10.0	the infringing proceedings
1:11.2	letter being sent. The result was that for doctrinal reasons, the Thatcher regime and actually
1:21.9	liberalised the law in the direction that the Commission wanted to go, but didn't want the Commission telling it to do so. So yes, in the direction that the commissioner wanted to go but didn't want the commission telling it to do so.
1:30.8	So yes indeed, and the UK has relatively few, although certainly in the 1980s, there were plenty of UK cases coming.
1:41.9	And when we found one particular local council had been given advice by a barrister who clearly
1:50.2	hoped, I think he was well insured, that a preferential car loan scheme for their local
1:57.8	council operatives. If they bought
2:02.5	a British car, they get a higher
2:04.3	loan and a lower rate of interest
2:06.9	that this was perfectly lawful.
2:10.6	Unfortunately, I haven't reckoned it would land on my desk.
2:13.8	So we
2:14.7	duly hope that the council
	...

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