Trade Policy and the European Union Free Essay Example, 5250 words

In Commission v UK the UK government banned the import of certain poultry products for the reason that such imports endangered public health and therefore was against public policy. The ECJ held that the UK should have explored the several other less restrictive options available to it. According to the principle of mutual recognition, any product that was manufactured and sold as per the extant EU Regulations and Standards in that Member State cannot be rejected. Meat is sold from vans in the French countryside. France made it mandatory for such mobile van meat sellers to have permanent establishments in France, in order to permit regular public health inspections. Since Maxwell's shop is located in Germany he cannot sell meat from his mobile shop in France. In the Factortame case, the Spanish company Factortame was prohibited from conducting its commercial activities in British waters because it was using Spanish vessels registered as British vessels. After a long and tortuous pas sage through the various UK courts, the ECJ set aside the UK legislation and held that this company could continue its commercial activities in UK waters. We will write a custom essay sample on Trade Policy and the European Union or any topic specifically for you Only $17.96 $11.86/page Therefore, the insistence of the French authorities that every mobile van seller of meat in France should have a permanent establishment within the country violates Article 28 of the EC Treaty as it would not be justifiable in terms of consumer protection.