Draft a Written Opinion Report Writing - Law Assignment Help

Assignment Task:

Task:

Overview
-Task 1 requires you to draft a written Opinion, as the assigned Advocate General in the Court of Justice, by answering a series of questions referred to the Court of Justice from a domestic court in the context of a (fictitious) case.
-Task 2 requires you to draft written legal advice as an EU lawyer to a company which seeks your expertise based on the (fictitious) case.
-As a guide, the page count for Task 1 should be approximately 4.5 pages.
-As a guide, the page count for Task 2 should be approximately 2.5 pages.
-The overall page limit is 7 pages (including footnoted references).
- All references must be cited properly using the Oxford University Standard for the Citation of Legal Authorities (OSCOLA).

Presentation
The assignment must be submitted as a Word document in Arial font size 11 and in double line spacing.

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 11 th 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.

Preliminary reference questions
1. 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?
2. 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?
3. 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.
4. The French government claims that the closure of the A36 Motorway is justified on grounds of protecting fundamental rights. Can the CJEU give guidance on how fundamental rights are protected as part of the general principles of EU law and the EU Charter of Fundamental rights? In addition, what are the ‘sources of inspiration’ of fundamental rights; and what is the ‘field of application’ of EU fundamental rights?

5. With reference to Schmidberger v Austria and Commission v France, can the CJEU provide guidance on whether the restriction of Article 34 TFEU by the French authorities in this case is justified, namely, whether the restriction pursues a legitimate aim and whether it has been exercised in a proportionate way? In other words, was the failure to ban i.e., decision to allow, the protest in Burgundy compatible with the free movement of goods?

Task 2: To give legal advice
Facts
Recap: 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….

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