Here are the facts of a hypothetical case.

A is an Austrian wholesaler that imports and distributes party fireworks to retailers. A set up stalls in several Christmas markets in Ireland where A sells its products directly to consumers. In a raid in November 2018, the Irish police seized all A’s products, shut down its stalls, and arrested A’s staff selling its products.

In January 2019, A was prosecuted under sections 1-3 of the fictitious Pyrotechnics Act. s 1 requires retailers of pyrotechnic products to possess a licence, but A did not possess one. s 2 requires all fireworks to be stored in government-approved storage facilities, but A stored fireworks in a rented barn which the government never approved. s 3 prohibits individual customers from buying more than one firework at a time, and the police video-recorded A selling multiple fireworks to the same customer.

How can EU law assist A’s defence?

I noted what my law teacher said — s 1 doesn't restrict the EU Freedom to Provide Services. But she didn't explain. Why not?

  • 2
    How are we to know why your law teacher didnt explain...?
    – user28517
    May 20 '21 at 5:08

Because the Austrian has equal rights to an Irish wholesaler wrt fireworks

The freedom to provide services means that a national of any EU country has the same rights as a national of any other EU country including the home country. However, they all must still comply with local law.

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