Friday, May 4, 2012

Germany v. Council (General Product Safety Directive) case brief

Germany v. Council (General Product Safety Directive)
-Council regulation harmonized state laws on products safety.  
-Art 9 authorized Commission, upon learning a product poses a serious risk to consumer health, and that 2+ states have reacted by taking different measures, to take decisions requiring states concerned to impose uniform temporary measures with respect to the product.
-Court said that free movement of goods can be secured only if product safety requirements do not differ significantly from one state to another.
-The measures Council is empowered under 9 are aimed at establishment and functioning of internal market.

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