Reference no: EM133539117

The following is a hypothetical situation. Your research should only be addressed to the legal scenario described in this question.

Gisella is a qualified optician, with a degree from a German university and wants to set up an internet-based company in Frankfurt (Germany) importing contact lenses from China and supplying them throughout the European Union.

Estonia has adopted a measure that prohibits the advertising for sale of contact lenses over the internet and requires an optician to issue a prescription for contact lenses to be purchased.

Also, in response to concerns expressed by the Estonian spectacle industry, the Estonian government has introduced strict inspections of contact lenses to measure the quality of the plastic and to ensure they are safe for human use.

The importer is charged €100 per pallet-load of lenses. Unfortunately, this inspection regime has created delays in the supply of contact lenses, and so to enable importers to continue to supply lenses the government has provided warehousing facilities for which a charge of €100 per week is applied.

1. Are the Estonian inspections of imported contact lenses lawful under Article 34 TFEU and, if not, can they be justified?

2. Is the Estonian legislation prohibiting the sale of contact lenses over the internet contrary to Article 34 TFEU and, if so, can it be justified?

3. Can the charges for inspections and the charges for the warehousing be applied by Estonia to contact lens importers?