Brittany Meat Business Case Study

Brittany Meat SA (BM) is based in Quim per, France. It imports meat into France from the EU and exports (to the rest of the EU) meat produced in Brittany. Following various health scares about meat produced in France, the French parliament passed (imaginary) legislation aimed at protecting French farmers from diseases coming into France and to ensure that exports from France are free from disease (so as not to jeopardize French exports).

BM seeks your advice in relation to the following two issues (a and b) affecting them under the French legislation:

FE seeks your advice on the following matter (c) as to whether there is a breach of Article 30 or Article 110 TFEU:

1. Raw meat products (whether imported into France or domestically produced) must be sold in rigid, vacuum-packed, transparent plastic containers. This will mean that many imported raw meat products will have to be re-packaged.
2. Raw meat products to be exported from France not only have to be exported in rigid, vacuum-packed, transparent plastic containers but must also be labelled to indicate that the meat comes from "farm assured" sources (being farms which the French authorities have passed as being free of disease).
3. The German government has re-classified specialist vacuum-packaging machines, including all those made by France Emballage. This means that they are subject to a higher tax rate of 20%. However, German made machines are not specifically vacuum-packaging machines but have a multi-purpose function. Such machines have not been reclassified and are still subject to a lower rate of tax

Please answer the following questions

1. Can BM challenge the requirement under the French law that raw meat products (whether imported into France or domestically produced) must be sold in rigid, vacuum-packed, transparent plastic containers on the ground of its incompatibility with Article 34 TFEU?
2. is the French legal requirement that raw meat products to be exported from France have to be labelled to indicate that the meat comes from "farm assured" sources compatible with Article 34 or Article 35 TFEU and, if not, can it be justified either under Article 36 TFEU or under Cassis de Dijon?
3. Can France Emballage challenge the 20% duty on specialist vacuum-packaging machines on the ground of either Article 30 or 110 TFEU?

Each question will be marked out of 100.

There is no word limit for each sub-question (1-3) but please try to spend equal time and effort on each question in order to increase your chances of a good overall mark.