Law of European Union Problem Question – Free movement of goods, workers and student
Jordan operates France’s largest football-making factory, ‘Ballon D’Or’. Having
enjoyed considerable success selling his footballs in France, Jordan wishes to export them to
other EU Member States.
Jordan contacts Xavi, a Spanish importer of footballs. Xavi informs him that it is not
really worth his while importing Jordan’s footballs into Spain. While all leisure products are
taxed in Spain, domestic producers of footballs are able to recoup some of the tax by
applying to the ‘Healthy Lifestyle Products’ scheme. Since the scheme is not available in
relation to imported footballs, Xavi considers Jordan’s footballs will ultimately be too
expensive for the average Spanish consumer.
Jordan also establishes links with Christine, an importer of footballs in Germany.
Christine is enthusiastic about trading with Jordan but informs him that German
environmental protection rules stipulate that all footballs must be made from 100%
biodegradable leather. Jordan’s footballs are made from 75% leather and 25% synthetics.
The synthetics are technically recyclable but German recycling facilities do not have the
necessary specialist technology.
Jordan’s company, Ballon D’Or, employs 45 people, including Virgil, a Dutch national.
Virgil has been employed in Jordan’s factory testing footballs on a zero-hour contract since
January 2017. In recent months, Virgil has only worked a couple of hours every other week
when the factory is operating at full capacity. To supplement his income, Virgil has applied
for a minimum subsistence allowance. However, his application is refused by the French
authorities on the grounds that he is ‘not French’.
Mary is an Irish national who plans to study Football and Business at university. Mary
decides to pursue her studies in France. Although Mary does not plan to work during her
studies, she is aware that France has a number of football-related companies and would like
to contact them during her studies to learn from their experience. Mary is accepted onto a
course at the renowned ‘Grande École de Foot’, near Jordan’s factory. When Mary arrives,
1
, she discovers that she is being charged a much higher international student tuition fee
compared to the domestic fee that her French friends pay. Furthermore, Mary’s application
to the French authorities for a maintenance grant to support her during her studies has
been rejected on the basis that she is ‘not French’.
Advise Jordan, Virgil and Mary as to their rights, if any, under EU law.
2
Jordan operates France’s largest football-making factory, ‘Ballon D’Or’. Having
enjoyed considerable success selling his footballs in France, Jordan wishes to export them to
other EU Member States.
Jordan contacts Xavi, a Spanish importer of footballs. Xavi informs him that it is not
really worth his while importing Jordan’s footballs into Spain. While all leisure products are
taxed in Spain, domestic producers of footballs are able to recoup some of the tax by
applying to the ‘Healthy Lifestyle Products’ scheme. Since the scheme is not available in
relation to imported footballs, Xavi considers Jordan’s footballs will ultimately be too
expensive for the average Spanish consumer.
Jordan also establishes links with Christine, an importer of footballs in Germany.
Christine is enthusiastic about trading with Jordan but informs him that German
environmental protection rules stipulate that all footballs must be made from 100%
biodegradable leather. Jordan’s footballs are made from 75% leather and 25% synthetics.
The synthetics are technically recyclable but German recycling facilities do not have the
necessary specialist technology.
Jordan’s company, Ballon D’Or, employs 45 people, including Virgil, a Dutch national.
Virgil has been employed in Jordan’s factory testing footballs on a zero-hour contract since
January 2017. In recent months, Virgil has only worked a couple of hours every other week
when the factory is operating at full capacity. To supplement his income, Virgil has applied
for a minimum subsistence allowance. However, his application is refused by the French
authorities on the grounds that he is ‘not French’.
Mary is an Irish national who plans to study Football and Business at university. Mary
decides to pursue her studies in France. Although Mary does not plan to work during her
studies, she is aware that France has a number of football-related companies and would like
to contact them during her studies to learn from their experience. Mary is accepted onto a
course at the renowned ‘Grande École de Foot’, near Jordan’s factory. When Mary arrives,
1
, she discovers that she is being charged a much higher international student tuition fee
compared to the domestic fee that her French friends pay. Furthermore, Mary’s application
to the French authorities for a maintenance grant to support her during her studies has
been rejected on the basis that she is ‘not French’.
Advise Jordan, Virgil and Mary as to their rights, if any, under EU law.
2
