EU Law Product Requirement/Selling arrangement
So, for my EU coursework I'm a bit stumped. The part I'm unsure of is as follows:
Yala is the owner of a company based in State X. The company is called Cosy Kitchen and manufactures a wide variety of dough-based produce which are sold to cafés. One of the best-selling lines of products is the half-baked, frozen pastries and breads which the purchaser finishes baking in their own oven. Yala is looking to increase her sales in these products across Europe, but encounters an issue which makes potential purchasers reluctant to buy from her. In State Y, legislation requires that any cafés selling fresh pastries and breads must clearly indicate on their menus which products were bought oven-ready and finished off on-site. This is so that customers are made fully aware of the process by which the food they will eat has been made. There is no such requirement for items that have been made, from beginning to end, in a bakery or in the café itself.
Now, I've written basically:
1. Yes they classify as goods
2. Not a QR but is a MEQR (dassonville and cassis)
3. It is indistinctly applicable
And now i'm stuck because I'm unsure whether Keck is what I should discuss next. Would you say the legislation is a selling arrangement which falls outside of Keck as it doesn't affect all goods equally? (eg, imports will be affected more as they will not be made in the cafe from start to finish)
Please help ahhhh
Yala is the owner of a company based in State X. The company is called Cosy Kitchen and manufactures a wide variety of dough-based produce which are sold to cafés. One of the best-selling lines of products is the half-baked, frozen pastries and breads which the purchaser finishes baking in their own oven. Yala is looking to increase her sales in these products across Europe, but encounters an issue which makes potential purchasers reluctant to buy from her. In State Y, legislation requires that any cafés selling fresh pastries and breads must clearly indicate on their menus which products were bought oven-ready and finished off on-site. This is so that customers are made fully aware of the process by which the food they will eat has been made. There is no such requirement for items that have been made, from beginning to end, in a bakery or in the café itself.
Now, I've written basically:
1. Yes they classify as goods
2. Not a QR but is a MEQR (dassonville and cassis)
3. It is indistinctly applicable
And now i'm stuck because I'm unsure whether Keck is what I should discuss next. Would you say the legislation is a selling arrangement which falls outside of Keck as it doesn't affect all goods equally? (eg, imports will be affected more as they will not be made in the cafe from start to finish)
Please help ahhhh
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