European Community Trade Law Essay Example | Topics and Well Written Essays - 5000 words

European Community Trade Law - leaven ExampleThe Single Market envisaged by these principles has the product liability regime for defective products. An affected share State should notify the Commission about the Member State which violates the directive for free movement of goods in the Single Market, as per decision 3052/95/EC 2 Following are articles of the treaty that the role on hand attracts.2. Member States sh exclusively, by the end of the first stage at the latest, abolish all quantitative restrictions on exports and any measures having equivalent effect which are in existence when this Treaty enters into force.The victuals of Articles 30 to 34 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justify on grounds of public morality, public policy or public security the defense of health and life of humans, animals or plants the protection of national treasures possessing artistic, historic or archaeological value or the protection o f industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.3The case on hand is that the cheese product by name Dolcedella of Italian Recipe manufactured by other(a) phallus States is not allowed to be marketed in Italy unless it bears the label in Italian Language that it complies with the ministerial rewrite no 2001 and it has the permission of Italian Ministry of Food Agriculture for macrocosm marketed in Italy. It prima facie appears not a discriminative provision, the Ministerial Decree No 2001 being applicable to Italy and other Member States alike. The Cheese being a delicate product needing expert handling, it can only be marketed from licensed shops for the purpose in Italy though in that location are only 250 shops in Italy. The French producer of Dolcedella is advised to comply with the Italian Ministrys Decree No 2001 in as much a s it is not discriminatory between the member states including Italy. There are few case laws supporting the to a higher place advice which we shall see in detail as below.Case 8/74 Dassonville4Case 391/92 Hellenic Republic 5Before discussing the above two cases, the following quote will enlighten us as to even the seemingly non-discriminatory measures would work out to be discriminatory if deeply g unrivalled into. In the instance case before us, there seem to be no discriminatory measure hidden behind the non-discriminatory provision requiring every(prenominal) one take authorisation from the Ministry concerned to market the subject cheese and the labelling requirement as applicable to every marketer.If it can be shown that certain conditions are imposed in relation to imports only, this would clearly constitute a directly applicable measure