EU Law: Challenges and Implications

EU LAW

Contents
QUESTION...........................................................................................................................................3
PART A.............................................................................................................................................3
PART B.............................................................................................................................................4

QUESTION
PART A
I)
Issue: In this case, the issue is raised regarding adjusting the package as per the Spanish
legislation but by doing such activity it results in bringing more expensive products as
comparison to previous rates. The issues is whatever the Spanish law can be challenged in
this perspective.
Rules: In respective of dealing in trade activities, it results in providing benefits to both the
countries to import and export the goods or services. Under the Treaty on the functioning
of the European Union, article 34 it prohibits the quantitative restriction on imports
and measures being equivalent to the member state1. As free trade mainly ensures the
higher public satisfaction but under article 34 the goods are allowed if it carries the public
morality. Under article 11, it stipulated that the issue of environment deration is raised which
affect the integrity of the country through increasing pollution2. Thus, the rule is imposed
regarding mutual recognition in respect of transferring or accepting such goods or not.
This is supported with the case of Konsumentombudsmannen V Gourmet
International, the issue is raised regarding imposing restriction on advertising the
alcohol or liquor or spirits to be carried. The judgment is made in this case regarding
not accepting such order as it is against the public health.
Application: By applying this case in the present case scenario, it is studies that the laws are
not challenged under the article 36 as it affecting the environment of the country. By reducing
the usage of plastic helps in preventing nature by promoting the eco-friendly products3. Thus,
by applying the judgment in the present case study, the judgment which is given in the
stipulated case is linked with the present case and also provide effective decision. As the
matters reflects under the quantitative restriction regarding not allowing the other
company to transfer such amount of goods.
Conclusion: From the above study the case stipulated that by increasing the biodegradable
percentage resulting in securing the health of the public and reducing the usage of plastic in
the country. Thus, the norms which is imposed by the Spanish legislation is fair and cannot
be challenged by HL Company.
ii)
Issue: In this case, the issue is raised regarding not allowing to advertise the latest gymnastic
accessories in French market. The stoppages of such advertisement is mainly undertaken
1 Ojo, Marianne. "Avoiding a'No Deal'Scenario: Free Trade Agreements, Citizenship
and Economic Rights." Citizenship and Economic Rights (May 9, 2019) (2019).
2 Araujo, Billy Melo. "Labour provisions in EU and US mega-regional trade
agreements: rhetoric and reality." International & Comparative Law Quarterly 67, no.
1 (2018): 233-253.
3 Chalmers, Damian, Gareth Davies, and Giorgio Monti. European union law.
Cambridge university press, 2019.