Can you advise C on his rights under EU law?



Germany enacts a new (fictitious) law, German Food Standard Act 2021. Accordingly, products containing chocolate cannot be sold under the name “Chocolate” if they contain plant fats other than cocoa butter. Otherwise the product has to be labelled as chocolate substitute. The French chocolate producer Chocolat (C) produces a chocolate bar which is popular with French consumers. This chocolate bar contains small amounts of palm oil.

C would like to import his product into Germany under the name chocolate. However, the German authorities tell C that according to the German Food Standard Act 2021, he is not allowed to sell his product under the name “chocolate”.

Disappointed about the German law, C decides to transport his chocolate bars to Italy, crossing Germany and Austria. In Austria, C’s lorries are stopped by environmental protestors who are peacefully holding a lawful demonstration against environmental pollution of Austria’s countryside. This causes a delay of 30 hours. As a result, C suffers damage of Euro 10,000.

Can you advise C on his rights under EU law?

Patrick, an Irish national has been offered a part-time position in Italy. He will be working 20 hours per week as an IT expert in Milan. He plans to move to Milan with his wife Delina (an Iranian national) and their youngest children, twins Rosie (18) and Calum (18), who are both Irish citizens. The twins would like to start studying at university but have been told that only Italian nationals can enrol at a University course. Delina would also like her mother Meryam (also an Iranian national) to move with them as she is dependent on Delina, financially and in terms of care.

The Italian authorities have told the family that Rosie (18) will not be allowed entry into Italy because she had been arrested in Rome for a minor drug offence the last time the family visited Italy.

Advise the family on their rights under EU law.

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