“The EC consumer group argued that ‘it is necessary to maintain a balance between the securing of free trade, which should afford consumers a broad range of products, and the need to protect health, safety and economic interests of consumers.’…” Alter and

In to facilitate a free enterprise market and at the same time protect consumer interests among a community of states such as the European Community , a delicate balancing act is required . This kind of balancing act will only be successful through the introduction and development of consumer protection laws and regulations as well as laws designed to promote and encourage free trade in an open market . This exercise invariably involves consideration of public policy and which can only influence change through the judiciary who invariably interprets statutory provisions and sets new judicial

precedents when the circumstances command such change . Therefore , the judiciary is the best forum for balancing the interests of free trade against the consumer 's welfare

The framework of the EC Treaty encompasses a free and open market among the Member States . Articles 23-31 which is headed `Free Movement of Goods ' is designed to promote this concept . Article 23 provides for the exemption of customs duties on all imports and exports throughout the Member States . Article 28 forbids the implementation of `Quantitative restrictions on imports and all measures having equivalent effect .between Member States ' Article 29 makes the same provision in respect of exports . Article 30 , however , provides that ` .Articles 28 and 29 shall not preclude prohibitions or restrictions on imports exports or goods in transit justified on grounds of public morality public policy or public security the protection of health and life of humans , animals or plants the protection of national treasures possessing artistic , historic or archaeological value or the protection of industrial and commercial property . Such prohibitions or restrictions shall not , however , constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States

Merely implementing competition polices is not sufficient to balance these distinct interests . Policies have to be adhered to and capable of enforcement in to have their desired affect . Christain Jeorges points out that `seeing the Community as a technocratic arrangement to solve specific economic and social policy tasks also points , however , to the dependence of this conception on the circumstances it was designed to address legally

Article 2 of the Treaty Establishing the European Community provides as follows :-

`The Community shall have as its task , by establishing a common market and an economic and monetary union and by implementing common policies or activities referred to in Articles 3 and 4 , to promote throughout the Community a harmonious , balanced and sustainable development of economic activities , a high level of employment and of social protection equality between men and women , sustainable and non-inflationary growth a high degree of competitiveness and convergence of economic performance , a high level of protection and improvement of the quality of the environment , the raising of the standard of living and quality of life , and economic and social cohesion and solidarity among Member States

The goal of the European Community as enunciated in Article 2 can be said to give rise to the doctrine of mutual recognition within the meaning of the Cassis...