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Essay / Research Paper Abstract
This 6 page paper considers the free movement of goods in the European Union. The writer looks at a case where an exporter is facing problems with national laws, such as quality, additives, morality and advertising are all seen to create barriers to trade. The writer examines the position using Articles 28 – 30 and extensive case law, including the Cassis de Dijon case. The bibliography cites 7 sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEfregod.rtf
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Unformatted sample text from the term paper:
to Europe. The idea of free trade and the free movement of goods is a basic tenant of the European union. Discrimination of goods that lead to unfair practices, such
as legislation that directly or indirectly discriminates is not allowed under EU law. Exceptions do exist, but these are in a minority of cases. However, when we look at the
case given we need to begin with an understanding of what exceptions may exist to allow exports to be blocked. Here we can start by looking at Article 30
(ex 36). This is where we will find the exceptions listed as such we can have a basis of application to the different problems that are being encountered by Chocco
Ltd. Here it is stated that; "The provisions of Articles 28 and 29 shall not preclude prohibitions or restrictions in imports, exports or goods in transit justified on grounds of
public morality, public policy o public security; the protection of health and life of humans, animals or plants; the protection of national treasures......Such prohibitions shall not, however, constitute a means
of arbitrary discrimination or disguised trade between Member States" (Lexis, 2002). The article does go on to specific examples of justification, however, it is also very definite in the
way that it is only to be used where there is a genuine case, and not as a form of trade restriction. It is also one of the articles, in
common with articles such as Article 39 (3) (ex 48 (3), where there is a very narrow interpretation of its meaning (Weatherill and Beaumont, 2000). If we look at the
first problem here Chocco Ltd have a problem with their feast chocolate bar. This contains nuts, however, under French law there is a maximum size permitted, in the feast bar
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