Consider the scenarios set out below and, in each case, advise on the application of European...

 

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Consider the scenarios set out below and, in each case, advise on the application of European Union law as it relates to the free movement of goods. You must answer all parts of this question. (a) Hungary imposes a charge of 7 Euros for the import of industrial ventilation units. The charge is levied as the goods enter Hungary. The Hungarian authorities say that the charge pays for the inspection of the imported goods, "to ensure that they comply with all relevant Hungarian and European Union regulations". (b) Malta recently passed legislation prohibiting the sale of spirits containing the chemical 'verinastium'. This followed articles in the Maltese press claiming that verinastium is poisonous. Dutch producers of spirits have been upset by the new rule; Dutch spirits often contain trace measures of verinastium, and many have been removed from sale in Malta as a result. (c) In attempt to tackle childhood obesity, Cyprus has introduced a new system of taxation for soft drinks with high sugar content. This new system imposes a sales tax of 25% where the sugar content of the product exceeds one-fifth of its total volume. Cypriot soft drinks tend to have lower sugar content than imported products, because they are manufactured using fruit-sugars which provide a greater sweetness than other sugars, thus requiring lower quantities. No such sales tax is levied on soft drinks falling. below the threshold. (d) Concerned at the dangerously high levels of salt consumption amongst its population, Finland has introduced legislation which imposes strict limits on the sale of products which have a high salt content. Under the new law all sales of such goods must be made over the counter and products must be kept on closed shelves behind the counter. French snack manufacturers are concerned that this legislation will affect their sales in Finland. Consider the scenarios set out below and, in each case, advise on the application of European Union law as it relates to the free movement of goods. You must answer all parts of this question. (a) Hungary imposes a charge of 7 Euros for the import of industrial ventilation units. The charge is levied as the goods enter Hungary. The Hungarian authorities say that the charge pays for the inspection of the imported goods, "to ensure that they comply with all relevant Hungarian and European Union regulations". (b) Malta recently passed legislation prohibiting the sale of spirits containing the chemical 'verinastium'. This followed articles in the Maltese press claiming that verinastium is poisonous. Dutch producers of spirits have been upset by the new rule; Dutch spirits often contain trace measures of verinastium, and many have been removed from sale in Malta as a result. (c) In attempt to tackle childhood obesity, Cyprus has introduced a new system of taxation for soft drinks with high sugar content. This new system imposes a sales tax of 25% where the sugar content of the product exceeds one-fifth of its total volume. Cypriot soft drinks tend to have lower sugar content than imported products, because they are manufactured using fruit-sugars which provide a greater sweetness than other sugars, thus requiring lower quantities. No such sales tax is levied on soft drinks falling. below the threshold. (d) Concerned at the dangerously high levels of salt consumption amongst its population, Finland has introduced legislation which imposes strict limits on the sale of products which have a high salt content. Under the new law all sales of such goods must be made over the counter and products must be kept on closed shelves behind the counter. French snack manufacturers are concerned that this legislation will affect their sales in Finland.

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a The charge imposed by Hungary for the import of industrial ventilation units may violate the principle of the free movement of goods within the Euro... View the full answer