European Community Trade Law - Essay Example

The Single Market envisaged by these principles has the product liability regime for defective products. An affected Member State should notify the Commission about the Member State which violates the directive for free movement of goods in the Single Market, as per decision 3052/95/EC 2 Following are articles of the treaty that the case on hand attracts. 2. Member States shall, by the end of the first stage at the latest, abolish all quantitative restrictions on exports and any measures having equivalent effect which are in existence when this Treaty enters into force.

The provisions of Articles 30 to 34 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.

"3 The case on hand is that the cheese product by name ''Dolcedella'' of Italian Recipe manufactured by other member States is not allowed to be marketed in Italy unless it bears the label in Italian Language that it complies with the ministerial decree no 2001 and it has the permission of Italian Ministry of Food Agriculture for being marketed in Italy. It prima facie appears not a discriminative provision, the Ministerial Decree No 2001 being applicable to Italy and other Member States alike.

The Cheese being a delicate product needing expert handling, it can only be marketed from licensed shops for the purpose in Italy though there are only 250 shops in Italy. The French producer of 'Dolcedella'' is advised to comply with the Italian Ministry's Decree No 2001 in as much as it is not discriminatory between the member states including Italy. There are few case laws supporting the above advice which we shall see in detail as below. Case 8/74: Dassonville4 Case 391/92 Hellenic Republic 5 Before discussing the above two cases, the following quote will enlighten us as to even the seemingly non-discriminatory measures would turn out to be discriminatory if deeply gone into.

In the instance case before us, there seem to be no discriminatory measure hidden behind the non-discriminatory provision requiring every one take authorisation from the Ministry concerned to market the subject cheese and the labelling requirement as applicable to every marketer. "If it can be shown that certain conditions are imposed in relation to imports only, this would clearly constitute a directly applicable measure