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Report Thread starter 10 months ago
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You are acting on behalf of the European Commission in a matter that has now reached the Court of Justice of the EU, against Denmark, a Member State of the EU. The Commission alleges that Denmark has committed a breach of EU Law that allows them to bring an action against Denmark under Article 258 TFEU in the following matter:
After a report is released by scientists about the long-term effects of using smartphones, the Danish Government becomes particularly concerned about smartphones being imported from elsewhere in the EU. The EU is quick to condemn the scientists’ report, and states that there is not any scientific evidence to back up the claims. However, in order to tackle the perceived problems, in December 2016 the Danish Government puts into place the following measures:
a) A quota system for anyone wishing to import smartphones into Denmark from any other EU country. It allows the Danish Government to restrict the number of smartphones being imported and sold in Denmark. A fee is charged to importers at the border based upon the number of smartphones imported.
b) A testing system applied to all smartphones sold in Denmark, regardless of origin. The Danish Government has stated that this is in the interests of safeguarding public health.
You are responsible for bringing the case in front of the CJEU in January 2020 after attempts to deal with the matter by the Commission through dialogue with Denmark have failed. The Commission has issued a Reasoned Opinion that in its view Denmark is in breach of EU Law. Your brief is to:
a) Make representations to the Court on behalf of the European Commission detailing any breaches of the law on Free Movement of Goods by Denmark, including whether there are any justifications or derogations for doing so
b) Make recommendations to the Court regarding the application of fines to Denmark under Article 260 TFEU for any breaches of EU Law above
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