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

European law - Essay Example The moot question that arises in William case’s 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 inspection test to determine the listeria content of the cheese (b) a requirement that William change the label on his product. The meaning of quantitative restrictions was clearly stated in the case of Riseria Luigi Geddo v Ente Nazionale Risi1 in which it was stated that â€Å"any measure 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 SpA v Italian Minister for Foreign Trade.2 Directive 70/50 must also be taken into consideration because it lists out all measures which are equivalent to quantitative restrictions, however in William’s case, there are certain existing EU Directives which member States are expected to comply with, which will also be relevant. The EU Directives which will apply in the case of William is Directive 92/46/EEC, which has held that listeria must be absent in 1 gm of hard cheese, however in soft 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 minimum 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