EU Law Relating to Free Movement of Goods Law Essay (Essay Sample)
A new German law on the meat content of sausages has just been adopted. This new law, which the German government is justifying in the name of public health, bans the importation and marketing in its territory of sausages from other EU Member States unless they comply with German sausage standards.
You are in the in-house counsel for French Saucisses Ltd and the CEO of the company has asked you to produce a memo outlining (a) the main stages of any infringement procedure and (b) whether the European Commission has an obligation to take legal action against Germany on the basis of Article 258 TFEU should French Saucisses Ltd lodge a complaint with the Commission.
N.B. You are not however required to assess whether Germany has violated the relevant EU rules regarding free movement of goods.
For reference, Article 258 TFEU provides as follows:
If the Commission considers that a Member State has failed to fulfil an obligation under the Treaties, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations.
If the State concerned does not comply with the opinion within the period laid down by
the Commission, the latter may bring the matter before the Court of Justice of the European Union.
It is a problem solving question about Free movement of Goods, in EU law.1200 words not more or less. answer it with relating to relevant cases and EU laws. answer the question clearly don't write irrelevant answers. it is an exam answer so i will not need bibliography or referencing. make it clear in clear english. with clear structure answering all parts needed. i will insert files that will include all of the information needed. The answer should be answer as a UK language it is a UK based exam.
EU Law Relating to Free Movement of Goods
Part a: Stages of the Infringement Procedure of the EU Law (Article 258, TFEU)
There are three main stages for finding infringement by member states as per the obligations outlined under the EU treaties and regulated Articles 258 and 260 of the TFEU. These are the administrative stage, the pre-litigation stage and the judicial stage. The administrative stage requires the EU Commission based on the foregoing facts of the case to form a reasoned opinion that the German state has by virtue of imposing infringements on the kind of sausages to be sold in the German market has failed to fulfil its obligation under Article 258 to allow free movement of goods within the European Commission under the terms outlined under EU laws and regulations. Therefore, the administrative stage allows the Commission to ascertain the precise nature of alleged infringement and the extent of infringement thereof. During this stage, the Commission also furnishes the concerned Member State with the essential guarantee regarding its rights to defend itself against the alleged infringement. The last phase of the administrative phase involves the Commission granting both parties to the dispute, in this case the German government and the French Saucisses Ltd the opportunity of clarifying the contentious elements to the dispute with a view of working in cooperation towards an amicable solution. At this stage, parties can engage informal or formal channels of engagement to try to reach an amicable settlement. Where the EU Commission finds during the administrative stage that the German government has a case to answer, the EU Directorate General in charge of enforcing the free movement of goods policy under Article 258 will proceed to write a formal letter of notice of infringement to the German government seeking a mutual exchange of views regarding the alleged infringement between the Commission and the German government (Art. 258, TFEU). The essence of the administrative stage is to clarify the facts surrounding the alleged infringement and eliminate potential problems associated with misinterpretation of laws by the concerned member state.
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