France is contemplating the possible introduction of the following
measures:
a) A law providing that in order for a product to be sold in its
territory under the trade description “foie gras”, it must comply with
certain content requirements (such as having a certain minimum
percentage of saccharose, seasoning and fat) and must be sold in
rectangular packages.
b) A total ban on the advertising of alcoholic drinks.
c) A ban on the importation of beef from other Member States. This
will be introduced in response to the protests by farmers in the
Limousin region who claim that competition with cheaper meat
products imported from Eastern Europe makes their businesses
unsustainable.
Advise France whether these measures may amount to a violation of
EU law.
(When answering this question, assume that there has not been EU
harmonisation with regards to any of these matters.)
This discussion concerns free movement of goods in EU law. Free movement of
goods is one of the fundamental freedom in EU as it is vital for the establishment of internal
market in order to achieve a stable social concern and efficient economic integration within
the MSs, through specialisations (in terms of their resources and strength). Since France is
an EU Member State (MS), it will thus be bound by the provisions of the EU Treaties.
Hence, quantitative restrictions (QR) and measures equivalent to quantitative
restrictions (MEQR) are caught by Art 34 Treaty on the Functioning of the European Union
(TFEU), which is vertically directly effective per Vlaamse, as it concerns only public measures
and not the conduct of undertakings. As per Italian Art case, ‘goods’ are generally things
that can be touched, they possess tangible physical characteristics, per Jagerskiold.
(a) The first proposal of France concerns how a product to be sold under the trade
description ‘foie gras’, which must comply with certain content requirements and
must be sold in rectangular packages. As per Com v Italy, ‘foie gras’ clearly fall within
the meaning of goods and hence can be defined by the Treaty.
Apparently, this proposal concerns product and packaging requirements. Hence, it is
clear that this law is most likely not a QR but is highly likely to be an MEQR.
MEQR was defined by Dassonville as rules that are capable of hindering intra-
community trade. Per Directive 70/50, there are two categories in MEQR: distinctly
and indistinctly applicable. OTF, the law (measure) is arguably indistinctly as it affects
both domestic and imported goods in the same way (equal burden).
Regarding product and packaging requirement under indistinctly MEQR, notably, in
the absence of EU legislation regulating the contents and packaging of ‘foie gras’, it is
up to each MS to have its own rules on the production of foie gras in its territory.
measures:
a) A law providing that in order for a product to be sold in its
territory under the trade description “foie gras”, it must comply with
certain content requirements (such as having a certain minimum
percentage of saccharose, seasoning and fat) and must be sold in
rectangular packages.
b) A total ban on the advertising of alcoholic drinks.
c) A ban on the importation of beef from other Member States. This
will be introduced in response to the protests by farmers in the
Limousin region who claim that competition with cheaper meat
products imported from Eastern Europe makes their businesses
unsustainable.
Advise France whether these measures may amount to a violation of
EU law.
(When answering this question, assume that there has not been EU
harmonisation with regards to any of these matters.)
This discussion concerns free movement of goods in EU law. Free movement of
goods is one of the fundamental freedom in EU as it is vital for the establishment of internal
market in order to achieve a stable social concern and efficient economic integration within
the MSs, through specialisations (in terms of their resources and strength). Since France is
an EU Member State (MS), it will thus be bound by the provisions of the EU Treaties.
Hence, quantitative restrictions (QR) and measures equivalent to quantitative
restrictions (MEQR) are caught by Art 34 Treaty on the Functioning of the European Union
(TFEU), which is vertically directly effective per Vlaamse, as it concerns only public measures
and not the conduct of undertakings. As per Italian Art case, ‘goods’ are generally things
that can be touched, they possess tangible physical characteristics, per Jagerskiold.
(a) The first proposal of France concerns how a product to be sold under the trade
description ‘foie gras’, which must comply with certain content requirements and
must be sold in rectangular packages. As per Com v Italy, ‘foie gras’ clearly fall within
the meaning of goods and hence can be defined by the Treaty.
Apparently, this proposal concerns product and packaging requirements. Hence, it is
clear that this law is most likely not a QR but is highly likely to be an MEQR.
MEQR was defined by Dassonville as rules that are capable of hindering intra-
community trade. Per Directive 70/50, there are two categories in MEQR: distinctly
and indistinctly applicable. OTF, the law (measure) is arguably indistinctly as it affects
both domestic and imported goods in the same way (equal burden).
Regarding product and packaging requirement under indistinctly MEQR, notably, in
the absence of EU legislation regulating the contents and packaging of ‘foie gras’, it is
up to each MS to have its own rules on the production of foie gras in its territory.
