Question 1

1.

The EC Treaty provides for free provision of services at Article 49-50 of the EC as well as the free
establishment of providers at article 43. The treaty however prohibits unjustified obstacles to
free movement. The spot health checks by authorities in France.

There is prohibition of quantitative restrictions at articles 28 and 29 unless there is a reason for
derogation under article 30 of the Treaty.

The grounds for derogation that is relevant in this case scenario is the protection of the health
and life of humans, animals and plants.

France is said to have conducted tests and discovered Bactria that causes serious infections;
this is a ground for derogation and the same has to be justified in accordance with article 30 of
the Treaty.

The spot health checks are therefore in accordance with article 30 and not in violation of the EU
law

2.

The EU law allows a charge that covers the actual cost of inspection. However, the mandatory
test has to be imposed by the EU for the said inspection charges to be levied on importers. In
this case however, the inspections have not been sanctioned by EU and therefore, the French
government cannot in the circumstances require Tortillas Supreme SA under EU law to pay for
the costs of the health inspections.

3.

Foods of animal origin have different requirements under EU as compared to foods that are
organic. Generally, all food products should comply with the required hygiene as provided
under articles 3 to 6 of Regulation (EC) Number 852 of 2004.
The additional requirements on food of animal origin such as labelling, identification, making,
sampling and certificates requirements act as a bar to free movement of goods since it
becomes expensive and cumbersome to comply with the requirements when importing animal
products.

Importers therefore would not fancy importation of animal products due to the strict
requirements as it is expensive. This affects free movement of goods as it is seen as a barrier to
trade which is contrary to the EU free movement of goods and services across the member
states.

Question 2

1.

EU citizens and the nationals of member states have the right of free movement within the
European Union including the right to enter and reside in any of the EU member states. The
right of movement is provided under Article 21 of the Treaty on the Functioning of the EU
(TFEU). There are however conditions that are attached to the free movement and are
exercised according to the restrictions imposed by the European Community Law.

December 2020

Maurice had the right to stay and move freely in Spain for a period of three months without
being subjected to any formality or conditions. The only requirement during this period was to
hold and be in possession of a valid passport or an identity card.

January 2021

Maurice had the right to stay and move freely in Spain for a period of three months without
being subjected to any formality or conditions. By January, he was outside the three months for
free movement.
He therefore required to have a job, be looking for a job or enough resources to maintain
himself so that he does not depend on assistance and to have a comprehensive medical cover.

Maurice was only looking for a job. Maybe he had resources to maintain himself. However, he
did not have a comprehensive medical cover and he could be said to have not satisfied one of
the requirements for staying in Spain longer than three months.

February 2021

During the month of February 2021, Maurice secured a remunerated job in a restaurant. He is
therefore eligible to stay in Spain longer than the initial three months. What Maurice needed to
acquire is a comprehensive health insurance cover.

2.

Under Regulation EC 852/2004 appropriate risk measures have to be taken to ensure that food
and food products are safe.

The EU regulations have established that the primary responsibility for food safety lies with the
authorities. There is need that the safety of food ought to protect, through the food chain and
member states are allowed to pass relevant regulations to ensure that food is safe and the
registration and approval of food establishments and outlets.

Member states therefore have the right to impose food safety measures that are intended to
ensure safety of food and food products. The requirement is in line with the Regulation (EC)
852/2004 and (UE) 1169/2011.

The requirement of the examination by Spain officials is therefore not contrary to EU law on the
safety of food and food products and because Maurice is a food handle, he should take the
examination provided under the Spain regulations.

3.

Maurice can bring Angelita because she is a family member and has the right to stay in Madrid
for more than three months. Maurice has to ensure that he has obtained a comprehensive
medical cover to comply with the residency requirements in order to bring a family member to
stay with him in Madrid. But because he had received a notification that he is a subject of
deportation based on the events of December 2020, he should first sort ought the deportation
issue before he can ask any family member to accompany him to Madrid.

4.