Question
As an Advocate General, please present your argument and reason opinion on the matter. Must include why there's a violation and whether the fine imposes
As an Advocate General, please present your argument and reason opinion on the matter. Must include why there's a violation and whether the fine imposes is suitable with precedent cases and articles. With references in OSCOLA. See below:-
Commission v Italy
The European Commission is bringing an action against Italy which has now reached the Court of Justice of the EU. The Commission alleges that Italy has committed breaches of EU Law that allows them to bring an Article 258 TFEU action against them.
2 years ago, Italy introduced new laws to address concerns that they have in the area of health and safety regarding electric bicycles. The two rules that the Commission is taking action over are:
Italy has imposed a levy on all electric bicycles manufactured in other EU countries and then imported into Italy. The money from this levy is paid into a pension fund, which is for the benefit of all persons working in the bicycle manufacturing industry in Italy, and which the Italian Government claims is an important social safety-net to ensure that people working in this industry do not fall into poverty.
The Italian authorities have prohibited the sale of all electric bicycles (both imported and manufactured domestically), except through certain government-run shops in Italy. They have argued that this is necessary to ensure that they can only be sold to people over the age of 18 and with a full driving licence.
This matter has already been raised before the Commission under Article 258 TFEU, and Italy put forward the above-mentioned reasons for the introduction of the laws. The matter now passes to the CJEU, where the Commission has argued that Italy is in breach of EU Law. Italy argues that these rules are necessary, and in particular that there should be a mandatory requirement of public safety that covers the second rule.
The Commission argues that the following fines should be imposed for Italy's breaches:
- A lump sum penalty of €20 million
- A daily penalty of €100,000
You are the Advocate General in this case. Deliver a reasoned opinion on the following points:
a) Whether the measures taken by the Italian government appear to be a prima facie breach of treaty rules on free movement of goods
b) Whether the Commission's recommendations for the application of fines are appropriate in this case, including discussion of the relevant factors used in calculating the fines.
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