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0px}span.s1 {font-kerning: none}Case 158 and 159/04 analyzed the free movement of goods and the equivalent effects of the movement of goods. Specifically, Article 28 EC specifies that a “bake-off” method is subject to the same requirements as full manufacturing goods and traditionally made goods. The preliminary ruling concerned Article 28 EC and specifically concerned the Greek legislative provisions governing the marketing of bakery products produced in using a “bake-off” method. The provision is in the EC treaty. The EC treaty is a legal treaty that all European countries signed as member states. Specifically, the “bake off” method consists of quick-thawing followed by re-heating or baking, at the sales outlets, of fulling or partially pre-baked and frozen products.

The case was examined through both community and national legislation. The issue arose because the bread making entity did not have licensed ovens and were selling bread in a nontraditional way. The accused believe they were abiding by the law because of the “bake-off” technique which was a new technique of making bread. The accused were charged with numerous crimes and the case was put into the court system.

 The community legislation defined Article 28 EC to prohibit quantitative restrictions on imports and all measure having an equal effect between neighboring states. Additionally, the court deemed Article 28 EC does not preclude prohibitions or restrictions on imports that justify human life or the protection of human beings. The national legislation used the Presidential Decree of 13 September 1934 concerning the conditions for establishing and operation baking premises and bakeries must obtain all licenses to operate the bakery. The “bake-off” method does not differentiate the bakery or the making of bread in anyway. Therefore, the bakery in question and the movement of said bakery’s goods fall under the same regulations and restrictions as “non-bake-off” bakeries and their goods. Legal Framework of CaseNational legislation had numerous laws and articles pertaining to bakeries.

Law No 726/1977 and Article 16 state that in order for a bread shop to be established, a license must first be obtained. Article 65 of Law No 2065/1992 supplements the previous mentioned legislation on bread making my imposing penalties on any person operation a bakery or bread shop without first obtaining a license. On 28 February 2001, the Ministry of Development issued a bulletin notifying authorities in Greece that the ovens and organizations using the “bake-off” method constituted as part of the break-making industry. The authorities examined Alfa Vita Vassilpoulos AE (formerly Trofo Super-Markets AE) and found the ovens were making bread without a license.

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