Commission of the European Communities v. Italian Republic Essay

Commission of the European Communities v. Italian Republic - Essay Example However, the Italian government responded by their letter of 08 July 1997 and denied that it was necessary to amend their national legislation and free movement in all Member States was guaranteed only for the products which complied with Article 30. The European Commission disagreed with the response of the Italian government and sent the Italy a formal notice on 22 December 1997asking it to comply with its obligation under Article 30 of the EC Treaty within two months. However, the Italian government stood its ground and refused to oblige. The legal issue is that chocolate products containing vegetable fats other than cocoa butter up to a maximum of 5% of the total weight of the product is manufactured as chocolate in Member States such as Denmark, Ireland, Portugal, Sweden, Finland and the United Kingdom, and it is accepted under this name in all the Member States except Spain and Italy. The Commission also takes the view that the obligation under the Italian legislation to market cocoa and chocolate products containing vegetable fats other than cocoa butter under the name chocolate substitute significantly obstructs their access to the Italian market. The court's answer to the issue is based on the principle of law.