Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Ambrosia, Beluga, and Campana are fictional Member States of the European Union (EU). Shiny Teeth is an Ambrosian company producing artificial teeth and exporting them

Ambrosia, Beluga, and Campana are fictional Member States of the European Union (EU). Shiny Teeth is an Ambrosian company producing artificial teeth and exporting them to both Beluga and Campana. There is a domestic industry producing artificial teeth in Beluga, which exports these artificial teeth to both Ambrosia and Campana, but not in Campana which is a very small Member State. Assume that there is no EU law addressing the production and marketing of artificial teeth and consequently no corresponding EU-wide standards. Ambrosia recently introduced a new National Marketing Law (NML) for dental products which limits their sale to special shops through which all Ambrosian companies producing artificial teeth have been selling their products. The preamble to the NML explains that this limitation to special shops is motivated by the need to defend the Ambrosian artificial teeth industry. Belugan companies have been selling their teeth directly to Ambrosian dentists and dental clinics through the internet, a practice with which they are now prevented from continuing by the NML. Beluga recently introduced a new Health Law (HL) which requires residents of Beluga to apply for permission from the national health service of Beluga before artificial teeth which were not produced in Beluga are used in dental treatment provided in Beluga. The preamble to the HL explains that this new requirement is motivated by considerations of the protection of the national health service of Beluga. Campana recently introduced strict national standards for the production of artificial teeth which are laid down in a new National Dentistry Law. The preamble to this law explains that these standards are motivated by considerations of public health and consumer protection. The legal team of Shiny Teeth has analysed the relevant provisions of the new Campana National Dentistry Law (CNDL) and advises that all the product ranges currently produced will have to be significantly adapted to meet the new standards if they are to continue to be sold in Campana.

Critically discuss the compliance of the described provisions of the NML, HL, and CNDL with EU law.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Equity And Trusts Text Cases And Materials

Authors: Paul S. Davies, Graham Virgo

3rd Edition

0198821832, 978-0198821830

More Books

Students also viewed these Law questions

Question

c. What are the job responsibilities?

Answered: 1 week ago

Question

The background knowledge of the interpreter

Answered: 1 week ago

Question

How easy the information is to remember

Answered: 1 week ago