Restrict the Free Movement of Goods – Equivalent Effect to Quantitative Restrictions – Law Assignment Help

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Assignment Task :
Task 1: To draft an Opinion of the Advocate General
Fictitious Case 14/2020 The Liquor Company vs France [2020]
Facts of the case
On 11th November 2020, a newly established Spanish company called ‘’The Liquor Company’’ was transporting 700 bottles of its best-selling product, ‘’Pablo’s ‘Proper’ Brandy’’, from Spain to Germany via France.  Pablo’s ‘Proper’ Brandy is a budget Brandy which contains an alcohol content of 25 per cent. Pablo’s ‘Proper’ Brandy is marketed and sold in Spain, Italy and Poland, and the Liquor Company is keen to enter the German market.  
After weeks of civil unrest, a series of planned demonstrations took place across France on 11th November 2020 to raise awareness about ‘systemic racism’, alleged police brutality towards minorities, and the removal of statues of colonial figures.  One such demonstration was taking place in the region of Burgundy.  Permission had been granted by the French authorities to the demonstrators to congregate in Burgundy for a period of 8 hours. After 3 hours, however, the protest spilled out onto the A36 motorway toll-point (connecting Burgundy with the German border). To ensure the continuation and safety of the protesters, as well as road users, the French authorities closed the A36 motorway for 5 hours.  As a result of the closure, The Liquor Company was unable to reach Germany at the scheduled time for its delivery of Pablo’s ‘Proper’ Brandy’. 
 
Submission of the parties
The Liquor company submits that, under Article 34 TFEU, there is an absolute duty to ensure goods can pass freely without hindrance.  The French Government, on the other hand, submits that Article 34 TFEU can be restricted as the protesters were exercising fundamental rights protected under national and EU law.  Guidance on the correct interpretation of EU law is therefore being sought from the Court of Justice of the EU on the following questions:
 
Preliminary reference questions

What is the purpose of Articles 34-36 TFEU? In particular, with reference to its case law, can the CJEU clarify the concepts of quantitative restrictions; measures having equivalent effect to quantitative restrictions; Treaty derogations; and mandatory requirements?

Does the closure of the A36 Motorway by French authorities constitute a quantitative restriction or a measure having equivalent effect to a quantitative restriction and was the closure of the A36 Motorway by French authorities discriminatory or non-discriminatory (indistinctly applicable), and does it make a difference in terms of the justification for the restriction?

Whilst Article 34 TFEU prohibits Member States from imposing rules which may restrict the free movement of goods, are Member States in breach of Article 34 TFEU when they fail to take positive steps to ensure the free movement of goods? Clarify with reference to Case 265/95 Commission v France and Case C-112/00 Schmidberger v Austria.

 
 
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