Posted: December 21st, 2015

Critically discuss how EU law on the free movement of goods (as applied by Articles 34 and 36 TFEU and relevant case law) can be applied to the above events and advise Brewmaster on whether the restrictions they have encountered are likely to be in breach of EU Law

Brewmaster plc is a company based in the UK that produces beers and soft drinks. It has recently experienced the following issues in relation to trading its products within the EU:

 

(a) Belgium requires that beers sold within the country comply with Belgian labelling rules. All Belgian beers comply with this, but Brewmaster’s beers do not. Brewmaster argue that this is unfair as it would be too costly to label their beers differently for Belgium. Belgium also requires that the labelling states a health warning. Brewmaster’s beers do not include this. As a result of these requirements Brewmaster are prevented from selling their beers in Belgium.

 

(b) Bewmaster would like to sell its soft drinks in Germany. The German authorities state that Bremaster’s soft drinks contain additives which are prohibited in Germany which has banned all imports that contain the additives. Bewmaster argue that their soft drinks are accepted elsewhere in the EU and therefore should be accepted in Germany.

 

(c) Recently, due to high alcohol consumption in Sweden the Swedish authorities have introduced a law that restricts the advertising of alcoholic drinks. This has made it more difficult for Brewmaster to promote their beers in Sweden causing them to lose market share in favour of national brewers.

 

Critically discuss how EU law on the free movement of goods (as applied by Articles 34 and 36 TFEU and relevant case law) can be applied to the above events and advise Brewmaster on whether the restrictions they have encountered are likely to be in breach of EU Law.

 

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