Saturday, September 28, 2019
European Law Free movements of goods (EU project) Essay
European Law Free movements of goods (EU project) - Essay Example This paper aims at critically discussing the implication of this statement through the use of decided cases and other resources. Dassonville also referred to as Procureur du Roi v Benoà ®t and Gustave Dassonville was a case that took place in the European Court of Justice. Dassonville was focused at reversing the provisions of the Royal Decree and the arguments of Procureur du Roi regarding the selling of spirits in Belgium. Belgian Act of 1927 indicated that destinations of spiritââ¬â¢s origins are subject to the government and such destinations of origin are officially adopted1. The Royal Decree of 1934 indicates that it is prohibited on pain of penal sanctions to display, import, display for sale, or transport for the purpose of sale, or delivery, spirits that bears a designation of origin duly adopted by the government if the spirits are not accompanied by official documents that indicate the right to such destination. Notable aspect to note is that the destination of origin Scotch whisky has been adopted by the Belgian Government. The implications of these provisions are clearly depicted in Dassonvil le case. Gustave Dassonville, an established wholesaler based in France and Benoit his son who was the business manager situated in Belgium, imported Scotch whisky which they referred to as Johnie Walker and Vat 69. Gustave had purchased the brands from the French distributors2. In order to ensure that they are sold in Belgium and that they are in line with the Royal Decree, Gustave affixed labels that had the printed words ââ¬Å"British Customs Certificate of Originâ⬠. This was then followed by hand written notes of the date as well as the number of the French excise bond on the permit register. The excise bond was the official permit adopted by French as the method of accompanying brands that bearded a destination of origin. However, the French government does not require a certificate that indicates the
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