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European Law Assignment - Essay Example
Pages 11 (2761 words)
Jessica’s ability to market and sell British Jam in Europe has been impacted by the restrictions imposed by France, Lithuania, Spain, Sweden and Greece. All these measures have significant cost implications for Jessica in terms of amending the products specifically for the different territorial markets, along with cost implications of market entry…
The consignment of jam is clearly “goods” for the purposes of the Treaty and as the case of SIOT v Ministry of Finance 2asserted; freedom of movement and transit within the Community constitutes a prima facie fundamental of community law. Furthermore, the Article 28 provision is also intended to ensure non-discrimination between domestic and foreign products of Member States3. Furthermore, Article 30 (ex 25) formally abolishes customs duties and any other charges having equivalent effect and provides that: “Member states shall refrain from introducing between themselves any customs duties on imports and exports or any charges having equivalent effect, and from increasing those which they already apply in their trade with each other4” If France’s restrictions on Jessica’s exports are found to be in breach of Article 30, Jessica will only have recourse under EU law if Article 25 has “direct effect5”. The case of Francovich v. ...