Case Kalle Virtanen

Case Kalle Virtanen

The main rule:

Free movement of goods, “mutual recognition”

=> since the product is legally on the EU market, it may not be banned from the Finnish market

If Finland wants to challenge the main rule it has two alternatives:

1) Applying the restrictions to free trade based on the exceptions listed in Art. 30

•protection of health of humans

Argumentation: Why isn’t the Belgians’ health endangered by the product?

2) Referring to the mandatory requirements

National law can be applied, if

1)There is no EC Law on the issue and

2) Finland can prove that the restriction is necessary to meet the mandatory requirements of

•defense of consumers, orprotection of public health

Argumentation: Could the restriction be avoided and the goal achievedby less restrictive means?

Case Jens

British requests are impediments to free trade

=> forbidden according to the main rule, unless they can be reasoned legally

1. Request of re-packaging

Britain can reason the requirement on basis of mandatory requirements

•defense of consumers

if the requirement is proportionate, necessary and affects equally domestic and imported goods

Argumentation: Wouldn’t label be enough? Are all the British cheese brands treated in the same way if their package resembles that of French Camember?

2. Request of inspection

If Britain can reason the requirement of inspection by exceptions in Art. 30

•protection of public health

and if the inspection is not discriminatory, it is legal.

However, account must be taken of the possible inspection already taken in Denmark.

If the inspection is not required by EC Law but British law, Jens is not liable for the costs.

Argumentation: What about the health of the Danes, why is the inspection necessary in Britain? - Can the transportation cause the risk?

3. Prohibition to sell at a low price

The ECJ ruling in Case Keck, “Keck formula”:

“Certain selling arrangements” are exempted from the scope of art 28:

1) There is no EC Law on the issue

2) The restriction affects indistinctly:

•all traders operating in the MemberState

•the marketing of both domestic and imported goods

=>

Jens:

Since there is no provision on the issue in the EC Law, British law applies

If the British prohibition applies to all business equally

=> it forbids certain selling arrangements (selling at a loss) => legal

If it applies only to soft cheese, which in Britain is mainly imported from other countries=> it is discriminatory and against the EC Law