Commission Vs French Republic.pptVIP

Introduction Background Facts of the Case Facts of the Case Facts of the Case Facts of the Case Facts of the Case Facts of the Case Facts of the Case Facts of the Case The Decision By the CJ THANK YOU * * V Commission V French Republic ★ The Case Commission v French Republic 1 1. [1980] ECR 2299; [1980] CMLR 743 ★ The Areas of EC Law Art 30 EC (Now Art 28 EC) Art 36 EC (Now Art 30 EC) ★ The Content of the Laws “Quantity restrictions on imports and all measures having equivalent effect shall, without Prejudice to the following provisions, be prohibited between M-Ss.” “The provisions of Art 30 to 34 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy… the protection of health and life of humans, … or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between M-Ss.” 1 2 1. Art 30 EC (Now Art 28 EC) 2. Art 36 EC (Now Art 30 EC) 6 July 1978, the commission brought an action and declared that French Republic made obstacles to the freedom of intra-community trade, and therefore, the French Republic has failed to fulfill its obligations under the Art 30 EC (Now Art 28 EC). In detail… THE CODE DES DEBITS DE BOISSONS ET DES MESURES CONTRE L’ ALCOOLISEM 1. Non Alcoholic Beverages 2. Undistilled Fermented Beverages Namely Beer, Wine, Cider Perry… Containing 1-3 Degrees of Alcohol 3. Natural Sweet Wines Other Than Those Belong to Group 2, … Containing No More Than 18 Degrees of Alcohol 4. Rums, Tafias, Spirits Obtained From The Distillation of Wines, …, Do Not Contain More Than Half A Gram of Essence Per Litre 5. All Other Alcohol Beverages 1. Non Alcoholic Beverages 2. Undistilled Fermented Beverages Namely Beer, Wine, Cider Perry… Containing 1-3 Degrees of Alcohol 3. Natural Sweet Wines Other Than Those Belong to Group 2, …