Free Movement of Goods (FMG) Ans Eu Final Hasba

FREE MOVEMENT OF GOODS(FMG) ANS EU FINAL HASBA
Zenfit has been lawfully producing herbal teas in the UK for some time. The success
of its sales in the UK has encouraged Zenfit to try to export its products in other
EU member states. However, it has encouraged some difficulties. In France
legislation requires that any information on the packaging of Herbal teas must be
in French. In Spain, the national agency for food and health has recently
classified all herbal teas as “medicinal products” which makes them subject to a
specific authorization by the agency. Advise Zenfit on the compatibility of the
French and Spanish measures with EU law.
Proceeding with If Zenfit is going to be held liable along with whether or not the
French and Spanish laws could be questioned using the principle of free movement of
goods. Under the context of Art Treasure, a good can be described as any product
that is the subject of a business transaction. Considering the obstacle to the
commodities in the present instance is non-monetary as it involves imported goods,
Art. 34 is going to be enforceable in local courts thus herbal tea will be regarded
as a good.
A governmental action that leads to a QR and MEQR breaches EU legislation, in

accordance with Article 34 of the Treaty on European Union.
The initial requirement of Article 34 TFEU is to demonstrate the state measures of

the French and Spanish regulations. In general terms, a state measure is any
measure that is associated with the state, whether directly or indirectly (Spanish
strawberries, Apple and pear development, Commission v. Ireland). Regarding our
case, the prohibition enforced through the French and Spanish statutes is related
to the state and is therefore a governmental act.
The state measure's ability for generating both a QR AND MEQR (define both) becomes
the second factor that needs to be mentioned. In this instance, we may establish
that a MEQR ought to be created because, in accordance with both laws, there does
not exist limitation on trade but rather a burden imposed on by the act of packing
and categorization.
Directive 70/50 classifies MEQR as either distinctly applicable (DA) or

indistinctly applicable (IDA) when it is a MEQR. as in our situation both French
and Spanish laws restricts the packaging of herbal teas, and given that all herbal
teas are defined as medicinal items throughout Spain hence it necessitate the
approval.
The second question with respect to an IDA measure is to determine if the measure
is a selling arrangement or a product requirement. In this scenario, whilst French
law mandates that every single herbal tea packaging be written in French and that
the complete packaging must be done so, it is going to be considered a product
requirement (Walter Rao and Familia Press case). However, due to the fact that all
herbal teas regulated as medicinal supplies, under Spanish law must have an
approval, therefore it would be considered as a selling arrangement. Regarding the
Spanish law, it is unlikely to be infringing because, according to the court
judgement in the case of KECK, selling arrangements are not considered to come
under the provisions of art. 34 simply because the French statute is a product
requirement. The market access test, however, precisely outlines that if there is a
greater burden on the imported goods, it will violate Article 34. In our instance,
the other member country will be required to work together alongside the local
authorities to avoid placing an additional burden as well as violating Article 34.
Considering it is an IDA measure, it contains a non-exhaustive list of mandatory

requirements that must be fulfilled when attempting to validate the derogation. A
total of three criteria have to be fulfilled in our case by the France and Spain,
to become eligible to claim relevant derogations under article 36 TFEU. First, it
ought to be acknowledged by the judicial system or under the terms of the treaty.
In our situation, the suitable derogation will either be consumer protection or
public health (argoneeza instance). The approval that is needed by the Spanish
authorities seems appropriate since the consumption of herbal teas can bring
about certain health related issues which is essential to be taken into account for
the well-being of the public, whereas the most crucial factor is proportionality,
or if there is more advantage compared to negative impact towards the free movement
of goods. In the present scenario, there currently seems a public benefit since
ingredients of a herbal tea are a significant variable when it comes to concerns
about health. It is however going to be seen as a disproportionately altering in
terms of French law.

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FREE MOVEMENT OF GOODS(FMG) ANS EU FINAL HASBA

A governmental action that leads to a QR and MEQR breaches EU legislation, in

The initial requirement of Article 34 TFEU is to demonstrate the state measures of

Directive 70/50 classifies MEQR as either distinctly applicable (DA) or

Considering it is an IDA measure, it contains a non-exhaustive list of mandatory

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