Question:
What does art. 110(2) TFEU do and name the two elements that need to be fulfilled.
Author: Bas DubbelmanAnswer:
It targets national taxes that generally disadvantage foreign goods. Such indirect protection can only occur where domestic goods are in competition with imported goods. Two elements are required: 1. The NL will tax competing goods differently; and 2. This differentiation will indirectly protect national goods and thus indirectly discriminates against foreign goods
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