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EU Law - Essay Example

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The researcher of this paper illustrates government action in favor of Animal Protection Association that establishes public measure and national legislation that has its object and effect to reduce patronage of imported products hinders to intra-community trade…
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Download file to see previous pages According to the research Non-Profit Orgnizations such as Animal Protection Association (APA) cannot be considered an independent entity within the context of Article 34 since it receives substantial funding from Sagoland’s Ministry of Environment geared to promote activities having as their objective and effect to reduce the demand for wares sourced from another Member State. The measures were attributable to the Sagoland primarily because APA initiated the Animal Protection Mark (APM) at the behest of the Sagoland; its failure to arrest members of the APA found to have committed illegal acts such as threats, coercion, blockade of roads, burning of lorry and other similar activities. The enactment of Sagoland of a national policy prohibiting fur farming and restricting the entry of fur products in its territory is indeed a hindrance to competition. It is clear that its intention is to impede, prevent or reduce patronage of products source from other Member States which is contrary to the EU’s objective of a single and integrated market. This would promote locally produce products giving it undue economic advantage. Thus, the act of Sagoland falls within the prohibition of Article 34 TFEU. Measures of another Member State to protect the health and life of the animals found in the other Member State cannot be justified under Article 36 TFEU. National law of Sagoland intended to protect the life and health of animals found outside its jurisdiction do not have extra-territorial application. Scandonia likewise violates the principle of mutuality because the member state cannot use their quantitative restrictions and laws in another state. Another basis is the principles of proportionality were not fulfilled where the means employed to achieve the objectives must not go beyond what is necessary. Lastly, public morality is not a sufficient justification to restrict the importation of goods to and from another Member State. III a.) In the case of Mr. Zack, and Henrietta L’s relationship, it is clear that the promoter contract governs the relationship of the two. Mr. Zack’s action of purchasing additional products from Henrietta’s website will not transform that relationship since the purchase of the product supports the promoter contract. As its ambassador Mr. Zack is compelled to only use and endorse Henrietta’s products, purchasing Henrietta’s product from its website supports this relationship since as the endorser Mr. Zack cannot use or purchase other products. b.) Henrietta’s website was meant to only cater to customers within Scandinionia. The website’s disclaimer declared and intimated as much and the use of the LAX currency as the only currency entertained by the websites absolutely proves this position not to mention the use of Scandinionian as one of its language. The use of a primary domain name by the website and the use of English is of no moment since the content and intent of the website is only meant to cater to customers within Scandinionia as proven by its disclaimer and the use of LAX as the only means of payment. The disclaimer is sufficient in form and in substance, therefore it cannot be considered as an unfair item in a binding contract. It should be noted that the disclaimer was not ambiguous and it was conspicuously displayed within the website. PLEADINGS FOR HENRIETTA L I. a) GOVERNMENT ACTION IN FAVOR OF APA ESTABLISHES PUBLIC MEASURE Animal Protection Association (APA) is a non-profit organization founded according to the Law of Non Profit Associations in Sagoland. Although it is established denoting a social objective, it cannot be considered an independent entity within the context of Article 34 since APA receives substantial funding from Sagoland’s Ministry of Environment geared to promote activities having as their objective and effect to reduce the demand for wares sourced from another Member State. The issue arose when Sagoland implemented a measure to ban fur farming and to dismantle existing fur farms in its territory. Following the implementation ...Download file to see next pagesRead More
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