An Internal Market Within The European Union

1646 Words Dec 4th, 2015 7 Pages
A)
Regarding to free movement of goods, the issue here where German company ‘Konfekt’ against the importing state Finland and UK which involve with The Treaty On The Functioning Of The European Union (TFEU) . First in Gaston Schul define an internal market within the European Union as “the elimination of all obstacles to intra-Community trade in order to merge the national markets into a single market bringing about conditions as close as possible to those of a genuine internal market”. ‘Goods’ is define under Art 28 TFEU and further explain in Commission v Italy as products having a monetary value and able to involve in commercial transaction. On the facts it’s a non-fiscal barrier as it only involves products there was no monetary,
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‘Actually’ effective as the restriction is specific towards ‘Konfekt’ and ‘intra-Community (Union) trade’ element is satisfied as it’s between member states. For Finland similarly the restriction is a ‘trading rule’ which ‘capable of hindering trade’, ‘indirectly’ and ‘potentially’ effective as its foreseeable the restriction would reduce ‘Konfekt’ profit or sales of the product and cross border element is satisfied.
Due to uncertain and vagueness of Dassonville approach , Cassis de Dijon further extend the distinction between distinctly and indistinctly applicable measures. It’s likely the UK regulation is indistinctly applicable measures as the regulation seems to imply if modification made to ‘Konfekt’ products complying UK requirements it would be accepted in the UK market. In Finland the measures are likely indistinctly applicable as all other member states including Finland have to follow the national law but it’s indirectly discriminatory towards other member states as Finland seems to portray as a protectionist promoting their own national goods. Most importantly Cassis principle of presumption of mutual recognition is applicable where as long as one member state allow the goods to be market there is no reason that other member states not allowing it, citing Commission v Spain . Thus UK regulation would not be applicable if others member states allow ‘Konfekt’
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