European law Essay Example | Topics and Well Written Essays - 1000 words

European law - Essay ExampleThe moot question that arises in William grimaces is whether the requirements spelt out by the Italian Government for import of his cheese into Italy could constitute a violation of Article 28 and therefore a restriction on imports? Their first requirement is (a) an followup test to determine the listeria content of the cheese (b) a requirement that William change the label on his product.The substance of quantitative restrictions was clearly stated in the case of Riseria Luigi Geddo v Ente Nazionale Risi1 in which it was stated that any survey which amounts to a total or partial restraint on imports, exports or goods in transit constitutes a quantitative restriction. For example, a quota system was held to be a restriction of trade in the case of Salgoil resort v Italian Minister for Foreign Trade.2 Directive 70/50 must in addition be taken into consideration because it lists out all measures which are equivalent to quantitative restrictions, howeve r in Williams case, there are certain existing EU Directives which member States are expected to comply with, which testament also be relevant.The EU Directives which will apply in the case of William is Directive 92/46/ europium, which has held that listeria must be absent in 1 gm of hard cheese, however in softening cheese it must be absent in 25g samples taken from the product3. Also, the Directive 93/43/EEC is intended to ensure that all food products sold within the EU meet certain stripped health standards. Therefore, under this Directive, it may be noted that any requirements of the Italian Government on the inspections for listeria in the cheese will be only indistinctly applicable4, because it applies to cheeses produced within Italy and outside the country. Since manufacturers within Italy are also expected to comply with this requirement of inspection at their own cost, it is unlikely that that this will qualify as a measure that infringes Article