european-union
Why don&#39;t licensing requirements, for retailers of fireworks, restrict the EU Freedom to Provide Services?
<p>Here are the facts of a hypothetical case.</p>
<blockquote>
<p>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.</p>
</blockquote>
<blockquote>
<p>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.</p>
</blockquote>
<blockquote>
<p>How can EU law assist A’s defence?</p>
</blockquote>
<p>I noted what my law teacher said — s 1 doesn't restrict the EU <a href="https://en.wikipedia.org/wiki/Freedom_of_Establishment_and_Freedom_to_Provide_Services_in_the_European_Union" rel="nofollow noreferrer">Freedom to Provide Services</a>. But she didn't explain. Why not?</p>

<h2>Because the Austrian has equal rights to an Irish wholesaler wrt fireworks</h2>
<p>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 <em>all</em> must still comply with local law.</p>
