Advise Eat Healthy Ltd as to the application of European Law on the free movement of goods to this situation?
Eat Healthy Ltd manufactures fruity milk and energy muesli. Recently this limited company want to export its products to other state in the country. For perfect quality Eat Healthy Ltd maintains various steps and those are first product is sealed with plastic bags, secondly fruity milk is always frozen; thirdly for non frozen item preservatives are added. On the packaging of all products the ingredients are must be listed. Eat Healthy Ltd is very popular for sale its product to the Latvia. Recently Latvia bans all dairy products which are manufactured with preservatives. As per consumer protection law all frozen milk are forbidden. For this reason the food energy muesli of Eat Healthy Ltd long delays at the port of Latvia. Then food inspector has opened all packets of energy muesli. Besides that for the inspector and parking fees payment is made.Sarah Lane, Choices (Panoma Press 2014).
In the European Law the free movement of goods is the important element for all Europe country. The main objective of European Law is that it helps to build and develop the internal market. All citizen and business of Europe country are benefitted by this European Law Stephen Weatherill, ‘I. Free Movement Of Goods’ (2006) 55 International & Comparative Law Quarterly.. For the consumer can choice the products by European law. Under the European Law, there have many types of restrictions on the product in the intra trade of Europe. In past restricted products are removed by major restrictions of European Law. Now days for free movement of goods various policies and regulations are created by the law of Europe. As per European Law’goods’ means all types of import and export goods and products which are covered under the act Treaty on the Functioning of the European Union 34 and 36. Under the act of Treaty on the Functioning of the European Union 36, from free movement of goods perspective some specific products or substances can adopt. Generally food supplements are bans as per European Law of free movement of goods. According to the Treaty on the Functioning of the European Union 36 (3.3.1), for protection of public health national bans are necessary for the country. Under the act of European Law of free movement of goods (3.3.10) marking of quality. Origin indication of products is necessary as per European Law. According tothe article 35 of Treaty on the Functioning of the European Union, for all member states of the country has to prohibit for measurable restriction. Rudolf Geiger and Dominik Eisenhut, European Union Treaties (CH Beck 2015).
Under the European Law, after conformity of product free movements of goods are adopted by the internal market. Under the food safety policies of economic law it has been stated that food is ensured by the food inspector. There are different types of chain of food products which are covered under the food safety act. Those are number one production of feed, number two production of raw material, number three processing, number four storage of products, number five transport of this product and number six and finally sale of product. Food safety, food quality and consumer’s information is the main matter of legislation of foods. Peter Fellows, ‘Insect Products For High-Value Western Markets’ (2014) 4 Food Chain.
For this scenario, Eat Health Ltd manufactures fruity milk and energy muesli and this is most profitable for the sale of Latvia. At present Latvia bans diary food which is prepared by the preservative. So the food of Eat Health Ltd has delayed by the food inspector of Latvia airport. The food product is randomly opened by the inspector. For this reason, the quality of food is destructed. Besides that for the inspector and parking fees payment is made.In this case, Eat Health Ltd can claim about destruction of product quality by the inspector. The CEO of Eat Health Ltd wants compensation about fees of inspector and parking fees. As per Economic Law, international scientific researchers research the product quality of energy muesli. And the result is that the product is accurate.Richard Fifield, International Research In The Antarctic (Published for the Scientific Committee on Antarctic Research and the ICSU Press by Oxford University Press 1987).
In other words, the Danish vitamins case (95) can relates with this scenario. The food stuff of Danis Administrative Practice manufactured goods with maintains quality. Danis mainly manufactured health drink with vitamin. But for national bans of this preservative health drink, the CEO of Danis administrative practice is claimed for this product’s ban. Then this product is examined by international scientific research. And the result is that the quality of health drink is accurate. After that Danish Administrative Practice won this case. Krzysztof Gaweda and others, ‘Chondrocyte Viability Depends on The Preservative Solution’ (2010) 02 Health.
As per European Law the free movement of goods is the important element for all Europe country. The main objective of European Law is that it helps to build and develop the internal market. All citizen and business of Europe country are benefitted by this European Law. For the consumer can choice the products by European law. Under the European Law, there have many types of restrictions on the product in the intra trade of Europe. In past restricted products are removed by major restrictions of European Law. Now days for free movement of goods various policies and regulations are created by the law of Europe. As per European Law ’goods’ means all types of import and export goods and products which are covered under the act Treaty on the Functioning of the European Union 34 and 36. Under the act of Treaty on the Functioning of the European Union 36, from free movement of goods perspective some specific products or substances can adopt. Generally food supplements are bans as per European Law of free movement of goods. According to the Treaty on the Functioning of the European Union 36 (3.3.1), for protection of public health national bans are necessary for the country. Under the act of European Law of free movement of goods (3.3.10) marking of quality. Origin indication of products is necessary as per European Law. According to the article 35 of Treaty on the Functioning of the European Union, for all member states of the country has to prohibit for measurable restriction. T. P Kennedy, Dermot Cahill and Vincent Power, European Law (Oxford University Press 2006).
According to the European Law, after measurement of traditional value the product is adopted by the internal market. As per food safety policy of economic law, the food has to make sure through the food inspector. Various kinds of food products are enclosed under the food safety act. Production of supply, production of raw material, processing of product, storage of product, transport of this product and finally sale of product are covered under the food safety act. The safety of food, quality of food and information of the consumer are the important subject of legislation of foods.
As per European Law, for the interest of public health prior authorisation is required despite of outright ban by the Member state. This is also authorised in other Member state. Alfred Kellermann, ‘Why Is Albania Not An EU Candidate Member State?’ (2014) 2013 ac.
Conclusion
For the conclusion the European Law the free movement of goods is the important element for all Europe country. The main objective of European Law is that it helps to build and develop the internal market. All citizen and business of Europe country are benefitted by this European Law. For the consumer can choice the products by European law. Under the European Law, there have many types of restrictions on the product in the intra trade of Europe. In past restricted products are removed by major restrictions of European Law. Now days for free movement of goods various policies and regulations are created by the law of Europe. As per European Law ’goods’ means all types of import and export goods and products which are covered under the act Treaty on the Functioning of the European Union 34 and 36. Under the act of Treaty on the Functioning of the European Union 36, from free movement of goods perspective some specific products or substances can adopt.John Fairhurst, Law Of The European Union (Pearson/Longman 2007).
Eat Healthy Ltd sells energy muesli to the Latvia. At present preservative health drink bans by consumer protection law. For that reason the exported foods which are exported by Eat Health company delay for long time in the Latvia port. The food inspector of Latvia port is opened all the packet of energy muesli. However the food quality is destructed. Under the European Law Eat Health Ltd can claim for destruction of product and for this destruction compensation can get by the European Law.Olha O. Cherednychenko, ‘Financial Consumer Protection In The EU: Towards A Self-Sufficient European Contract Law For Consumer Financial Services?’ (2014) 10 European Review of Contract Law.
We discuss above The Danis vitamins case (95) can relates with this scenario. The food stuff of Danis Administrative Practice manufactured goods with maintains quality. Danis mainly manufactured health drink with vitamin. But for national bans of this preservative health drink, the CEO of Danis administrative practice is claimed for this product’s ban. Then this product is examined by international scientific research. And the result is that the quality of health drink is accurate. After that Danish Administrative Practice won this case. Alfred Kellermann, ‘Why Is Albania Not An EU Candidate Member State?’ (2014) 2013 ac.
References
Cherednychenko O, ‘Financial Consumer Protection In The EU: Towards A Self-Sufficient European Contract Law For Consumer Financial Services?’ (2014) 10 European Review of Contract Law
Fairhurst J, Law Of The European Union (Pearson/Longman 2007)
Fellows P, ‘Insect Products For High-Value Western Markets’ (2014) 4 Food Chain
Fifield R, International Research In The Antarctic (Published for the Scientific Committee on Antarctic Research and the ICSU Press by Oxford University Press 1987)
Gaweda K and others, ‘Chondrocyte Viability Depends On The Preservative Solution’ (2010) 02 Health
Geiger R and Eisenhut D, European Union Treaties (CH Beck 2015)
Kellermann A, ‘Why Is Albania Not An EU Candidate Member State?’ (2014) 2013 ac
Kennedy T, Cahill D and Power V, European Law (Oxford University Press 2006)
Lane S, Choices (Panoma Press 2014)
Weatherill S, ‘I. Free Movement Of Goods’ (2006) 55 International & Comparative Law Quarterly
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