Identify and present central parts of the contents regarding the EC treaty rules about free mobility for goods, employments, individuals, and capital.
Your individual assignment consists of two problem questions in which you have to advice based on the material seem during the course. Each problem question is worth 50 points. To obtain full grade while providing advice you need to state the applicable case law and regulations.
(a) Advise Fred as to whether he has any cause of action against his employer under EU law.
(b) How would your answer differ (if at all) if Fred was employed not by the Department of Foreign Affairs and Trade but by Fyso (UK) plc (‘Fyso’)?
[For the purposes of this question, you are NOT required to consider any possible action for damages against the Irish government.]
Second problem question:
Free movement of goods.
Freddie is Spanish manufacturer of widget-grinding machines (‘WGMs’), which he has supplied to widget manufacturers in the Spain and France for the past ten years. Freddie now plans to import his machines into Portugal.
Freddie has learned that under Portuguese legislation a licence is required for the import of WGMs. Licence applications are considered by the Portuguese authorities in January and July each year. Freddie has been told that Portugal places an annual limit on the number of WGMs that may be imported and has regulations stipulating that manufacturing machinery, including WGMs, can only be sold through government sales outlets.
Portugal also has health and safety legislation requiring all WGMs to be fitted with an external ‘vacuum filtration’ unit to collect particles emitted by the grinding process. This legislation has recently been introduced following the publication of a research study conducted in Portuguese heavy industry. The study suggests that, over the past six months, the number of new cases of industrial lung disease has been significantly lower amongst widget-grinding operatives working on Portuguese-manufactured machines (most of which already comply with the new legislation) than amongst operatives working on imported machines (none of which currently complies). Freddie’s machines do not comply with the Portuguese legislation. They are fitted with internal ‘vacuum filtration’ units which, in Freddie’s view, operate much more efficiently than the externally fitted filtration units required by the legislation.
Advise Freddie as to the application, if any, of EU law on the free movement of goods to all aspects of this situation.
Begin with a very brief introduction to the free movement of goods in the internal market, referring to Article 26 TFEU.
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