EU Law: free movement of goods

EU Law: free movement of goods

EU Law: free movement of goods

Question 1

In this question we will be challenging two Spanish laws that are making difficulty for Pork ltd to sell their product in spain. The two laws that are challenged are the quality of food (Pork from humanely reared pigs), and labelling of the product which was 'fitpigs'. As a general rule, a state-imposed obligation to make a declaration of origin constitutes a measure of equivalent ef ect contrary to Article 34 TFEU. In cases where Member States themselves run or support a promotional campaign involving quality/origin labelling, the Court has ruled that such schemes have, at least potentially, restrictive ef ects on the free movement of goods between Member States. Such a scheme, set up in order to promote the distribution of some products made in a certain country or region and for which the advertising message underlines the origin of the relevant products, may encourage consumers to buy such products to the exclusion of imported products.

The same rule applies in the case of markings which establish not the country of production but the conformity of the product with national standards. A Member State's rules on origin/quality marking might be acceptable if the product concerned does in fact possess qualities and characteristics which are due to the fact that it originated in a specii c geographical area, or if the origin indicates a special place in the tradition of the region in question. Also, such an obligation may be justii ed in a case where otherwise consumers might be misled by, for example, the packaging or labelling of the product. Measures which encourage or give preference to the purchase of domestic products only are measures of equivalent ef ect under Article 34 TFEU.

The most famous case of such incitement to buy national products was Commission v Ireland (Buy Irish), which involved a largescale campaign encouraging the purchase of domestic goods rather than imported products. The Court decided that, as the campaign was a clear attempt to reduce the l ow of imports, it infringed Article 34 TFEU. Member States can permit organisations to encourage the purchase of specii c types of fruit and vegetables, for example by mentioning their particular properties, even if the varieties are typical of national products, so long as consumers are not being advised to buy domestic goods solely by virtue of their national origin.

Labelling is everywhere. In the EU, there are many rules affecting labels, and there is much debate about the proper use of labels and the best parameters for labelling. Given the fact that a number of aspects of labelling legislation were scheduled for review in 2006-2008, there was a need to identify as far as possible a coherent overall approach to labelling. This takes place in the political context of the renewed Lisbon Strategy and where the Commission focuses on better regulation as a means to contribute to achieving growth and jobs and on broad dialogue as a ...