Sabine’s intention to set up a business in Germany seems to have hit a dead-end due to the laws
and restrictions that have been put in place by the government. However, all is not lost for
Sabine in her quest since she can take advantage of the European Union Law to challenge the
measures set up by the government in Germany. So below are some of the treaties under the EU
Law to push her dream of starting her business in Germany.
Free Movement Of Goods
Art. 28 of the TFEU, under Free Movement of Goods, aims to support business between member
states. With Germany and Denmark being part of the European Union, Sabine has to enjoy the
right to be able to import goods from Denmark without any discrimination. In this regard, any
malicious attempts by the government to prevent Sabine from starting her business entail
importing a variety of goods from Denmark. Under this provision, the Union aims to promote the
importation of goods by preventing any distorting conditions of competition between member
states regarding finished good (art.32 of the TFEU). Sabine is being told that SuperJuce, a
product she intends to sell in Germany, will be subjected to 25% alcohol duty. In contrast, other
products that fall in the same category, such as wine and beer, get an alcohol duty of 5%. This is
an outright plot not only to prevent the free movement of goods between Germany and Denmark
but also it goes to an extend creating unfair competition. Wine and beer, which are coming from
Germany, are imposed with a fair alcohol duty, unlike the fruit-based alcoholic drink she intends
to sell. In that connection, she is being barred from importing such a product. However, with
provisions that come with the Free Movement of Goods, she can prove the actions by the
German law to not only be malicious but against supporting trading and importation from
countries in the European Union.
Prohibition Of Quantitative Restrictions Between Member States
Even though member countries have to ensure the goods coming into the country do not cause
harm to its citizens, the laws set should not be discriminatory or aimed at negatively affecting
business between countries part of the European Union (art 34 of TEU). For instance, in the case
of Sabine, she is being told that advertising any children’s toys will negatively impact children.
But for her, this prohibition will reduce sales of the rat toys, the products she intends to import
from Denmark to sell in Germany. However, the rat toys will obviously not have that huge
negative impacts on children, neither will they harm their health in any way. So, she can use this
This study source was downloaded by 100000856941565 from CourseHero.com on 11-18-2022 03:24:35 GMT -06:00
https://www.coursehero.com/file/147174550/The-European-Union-Lawdocx/
, provision outlined in the European Union Law to argue her case out. Article 36 in the prohibition
of Quantitative restrictions states that any prohibitions or restrictions should not be
discriminatory on trade between the Member states in this regard, Denmark and Germany(art.37
of the TFEU). It is evident that by limiting the advertisement of the rat toys, Sabine will not
reach its target market and, therefore, not sell a considerable number of these toys, ending with
unsatisfactory revenue generation. The European Law under this provision ensures that member
states do no enact discriminatory conditions that will affect the procurement and marketing of
goods. This is clearly something that Sabine is facing since she has been advised against
marketing the kids' toys she intends to sell. So, this law aims to ensure she does not face such
kinds of restrictions known for reducing revenue generation. Member countries are also
prevented from setting new measures that are contrary to the laid down provisions in this article.
One such discriminatory measure is when Sabine must be subjected to an alcohol duty of 25%
for importing the SuperJuce from Denmark. Instead, they have to aid and promote a business that
entails the importation of goods and services.
Right Of Establishment
The Rights of establishment allows citizens from member countries of the European Union to be
able to set up businesses and pursue any activities that foster self-employment(art.50 of TFEU).
However, in the case of Sabine, she is forced to abide by some discriminatory rules that will
obviously prevent her business from getting started and reaching its potential. First, there is a
prohibition on advertising the rat toys she intends to be importing from Denmark to sell in
Germany. Besides, she has to put up with hefty alcohol duty taxes, which will have dire
consequences on her business. This is because the return on investment will not be viable. She
will have to even increase the prices of her products in order to make some considerable profits.
So, Sabine should use the rights of establishment to be immune to the administrative practices
and procedures that lead to legislations that create an obstacle towards entrepreneurs like her
from setting up a successful business in Germany. Citizens from member countries ought to be
convinced that conditions for establishing a business are not distorted. They have a right to be
protected and given a fairground in their pursuit of coming up with new businesses and
establishments that are meant to generate a good amount of revenue. Since Sabine hails from a
country within the European Union, she is entitled to enjoy the benefits that come with it. For
This study source was downloaded by 100000856941565 from CourseHero.com on 11-18-2022 03:24:35 GMT -06:00
https://www.coursehero.com/file/147174550/The-European-Union-Lawdocx/
and restrictions that have been put in place by the government. However, all is not lost for
Sabine in her quest since she can take advantage of the European Union Law to challenge the
measures set up by the government in Germany. So below are some of the treaties under the EU
Law to push her dream of starting her business in Germany.
Free Movement Of Goods
Art. 28 of the TFEU, under Free Movement of Goods, aims to support business between member
states. With Germany and Denmark being part of the European Union, Sabine has to enjoy the
right to be able to import goods from Denmark without any discrimination. In this regard, any
malicious attempts by the government to prevent Sabine from starting her business entail
importing a variety of goods from Denmark. Under this provision, the Union aims to promote the
importation of goods by preventing any distorting conditions of competition between member
states regarding finished good (art.32 of the TFEU). Sabine is being told that SuperJuce, a
product she intends to sell in Germany, will be subjected to 25% alcohol duty. In contrast, other
products that fall in the same category, such as wine and beer, get an alcohol duty of 5%. This is
an outright plot not only to prevent the free movement of goods between Germany and Denmark
but also it goes to an extend creating unfair competition. Wine and beer, which are coming from
Germany, are imposed with a fair alcohol duty, unlike the fruit-based alcoholic drink she intends
to sell. In that connection, she is being barred from importing such a product. However, with
provisions that come with the Free Movement of Goods, she can prove the actions by the
German law to not only be malicious but against supporting trading and importation from
countries in the European Union.
Prohibition Of Quantitative Restrictions Between Member States
Even though member countries have to ensure the goods coming into the country do not cause
harm to its citizens, the laws set should not be discriminatory or aimed at negatively affecting
business between countries part of the European Union (art 34 of TEU). For instance, in the case
of Sabine, she is being told that advertising any children’s toys will negatively impact children.
But for her, this prohibition will reduce sales of the rat toys, the products she intends to import
from Denmark to sell in Germany. However, the rat toys will obviously not have that huge
negative impacts on children, neither will they harm their health in any way. So, she can use this
This study source was downloaded by 100000856941565 from CourseHero.com on 11-18-2022 03:24:35 GMT -06:00
https://www.coursehero.com/file/147174550/The-European-Union-Lawdocx/
, provision outlined in the European Union Law to argue her case out. Article 36 in the prohibition
of Quantitative restrictions states that any prohibitions or restrictions should not be
discriminatory on trade between the Member states in this regard, Denmark and Germany(art.37
of the TFEU). It is evident that by limiting the advertisement of the rat toys, Sabine will not
reach its target market and, therefore, not sell a considerable number of these toys, ending with
unsatisfactory revenue generation. The European Law under this provision ensures that member
states do no enact discriminatory conditions that will affect the procurement and marketing of
goods. This is clearly something that Sabine is facing since she has been advised against
marketing the kids' toys she intends to sell. So, this law aims to ensure she does not face such
kinds of restrictions known for reducing revenue generation. Member countries are also
prevented from setting new measures that are contrary to the laid down provisions in this article.
One such discriminatory measure is when Sabine must be subjected to an alcohol duty of 25%
for importing the SuperJuce from Denmark. Instead, they have to aid and promote a business that
entails the importation of goods and services.
Right Of Establishment
The Rights of establishment allows citizens from member countries of the European Union to be
able to set up businesses and pursue any activities that foster self-employment(art.50 of TFEU).
However, in the case of Sabine, she is forced to abide by some discriminatory rules that will
obviously prevent her business from getting started and reaching its potential. First, there is a
prohibition on advertising the rat toys she intends to be importing from Denmark to sell in
Germany. Besides, she has to put up with hefty alcohol duty taxes, which will have dire
consequences on her business. This is because the return on investment will not be viable. She
will have to even increase the prices of her products in order to make some considerable profits.
So, Sabine should use the rights of establishment to be immune to the administrative practices
and procedures that lead to legislations that create an obstacle towards entrepreneurs like her
from setting up a successful business in Germany. Citizens from member countries ought to be
convinced that conditions for establishing a business are not distorted. They have a right to be
protected and given a fairground in their pursuit of coming up with new businesses and
establishments that are meant to generate a good amount of revenue. Since Sabine hails from a
country within the European Union, she is entitled to enjoy the benefits that come with it. For
This study source was downloaded by 100000856941565 from CourseHero.com on 11-18-2022 03:24:35 GMT -06:00
https://www.coursehero.com/file/147174550/The-European-Union-Lawdocx/
