Web-Companion Essential EU Law in Text: Suggested solutions to the exercises
Please find hereinafter the suggested solutions to the 64 exercises contained in the book "Tobler/Beglinger, Essential EU Law in Text, 5th edition, HVG-ORAC 2020, ISBN 978-963-258-490-4". To give you an idea how the exercises in the book are phrased, they have been added for the first three instances. Any comments or feedback are welcome.Integration Techniques – Exercise 2
Suggested solution:
If garlic in capsules is a medicinal product, then it is covered by secondary law which in turn would mean that the imposition of a marketing authorisation is not only acceptable under EU law, but actually prescribed. In such a situation, there is no room for the application of the Treaty rules on free movement, including Art. 34 TFEU.
Conversely, if garlic in capsules is not covered by Directive 2001/83/EC, the Treaty rules on free movement apply. Under Art. 34 TFEU, an authorisation requirement that is applied indistinctly amounts to an MEEQR, unless there is an imperative requirement and the measure in question is proportionate. In other words, the Commission only has a case if Art. 34 TFEU applies.
[Relevant Charts: Chapter 11, in particular Chart 11/1, further Chart 8/23]
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