I Check of proportionality of:

a) Distinctly and

b) Indistinctly applicable measures.

 

 

II Preliminary Work:

• Find the aim that the national measure purports to achieve!
• Find the means used to achieve the aim!

 

 

III Structure:

1) Is the measure selected by a State suitable to achieve the aim? (Test of suitability)

2) Is the measure necessary? (Test of necessity)

3) Would there have been less restrictive means to achieve the aim? (Isn’t the measure selected excessive):

• Does the measure go beyond the aim to be achieved?
• This requires a balancing exercise between the impact of the measure on the FMG (EU interest) and the aim pursued by the national measure (e.g.: protection of environment).