Question
what are the steps to answer a problem question on the free movement of goods 1) Ambrosia, Beluga, and Campana are fictional Member States of
what are the steps to answer a problem question on the free movement of goods
1) 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.
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