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Exam (elaborations) EU Law (M100)
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an assignment based on EU law with references
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Advise Bionature as to their EU law rights under free movement of goodsprovisions, with reference to relevant case law.
BioNature are wanting to expand their products to the rest of Europe and with this
they are going to have to try and compromise with the market that's within the
European Union if they are wanting to sell their products in the Union Member
States. They have to try and come to an agreement about each of the different laws
of each of the countries that they are wanting to sell in. BioNature wants to start
selling in France, Germany and Italy and from this they have to follow the rules of
their markets and ensure that they are able to sell their products there. The
BioNature brand is under The Internal Market which is also known as the Single
Market and they are part of this because it is the Free movement of goods so that
they are able to get the chance to sell their product in the different parts of Europe.
According to (BBC, 5th April 2019, Date Accessed 19th April 2021) “The
European Union's (EU's) single market is an agreement designed to make it as
easy for people, goods, services and money to move around between
countries that are a part of it.”
Within France they have the law that if a product wants to be known as organic then
they have to provide evidence that it is organic. According to (Cosmetic Design,
2010, Date Accessed 20/04/21) “Products should only be labelled as natural if
they contain a minimum of 95% natural ingredients or ingredients of a natural
origin.” This would mean that they would have to ensure that they are organic
enough for the french market and which they are as they are 95% organic but they
don’t show the tree logo to have the evidence of that it is a organic plant- based
product. Since they don’t show this then they cannot sell their products in France.
The reason why they need the tree logo on the product is to show that there is
human and consumer protection. The French Border Authority has refused to accept
the products into the country as they do not show this on label, but for them to be
able to sell this then they are going to need to add it on. A case that is involved with
something like this is “C-416/17 Commission v France: failure of a Member State to
fulfil its obligations under Article 267 (3) TFEU.” According to (European Law
Blog, 22 November 2018, Date Accessed 20/04/21) “the case deals with French
rules intended to eliminate economic double taxation of dividends. This
, regime allowed a parent company to set off against the advance payment the
tax credit applied to the distribution of those dividends if they originate from a
subsidiary established in that Member State, but does not offer that option if
those dividends originate from a subsidiary established in another Member
State.” This case is similar because it is within France too but there’s is to do with
tax credit and not so much about letting them sell a product within their market. It is
still kind of similar since it is still part of the law that is within France and how it works
within the European Union since they can have similar issues with each other. The
case focuses on what is going on with tax evasion, and for anything that could
happen that BioNature could have a problem with their taxes within the future, and
since they already are dealing with problems with the law this could make things
worse for them and they could potentially not be able to sell their products anymore
within France, or any other countries because of this. Also within France the
cosmetic brands that are made in France, are not all at least 90% certified organic
and that they don’t also include the tree logo on their labels, which then this would
mean that BioNature can do something about this since they have been effectively
banned from being able to have their products being sold in the French market, so
there would probably be away around this and it would be that BioNature should be
allowed to sell their products in France or that the French brands that aren’t like
BioNature should be taken off the market and stopped being sold.
Within the German Law, since their products have to be sold in health supermarkets
because they are organic this isn’t going to give them the sales that they are wanting
or expecting. But they should be allowed to sell them in other places since they are
selling such things as cosmetics and not many people would be going to a health
supermarket to be buying these products. According to (Organic Market, 27th
February 2018, Date Accessed 22nd April, 2021) “More and more consumers
are purchasing natural cosmetics in Germany. Over the last two years their
number has increased by 1.2 million.” This has shown that even though that if
your product is organic and that it has to be sold in a health supermarket you can still
potentially get your sales up and this has meant that BioNature will be able to make
enough sales from this since Germany’s numbers are increasing constantly every
year. And with them selling it in Germany that more consumers are buying more
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