Do foreign companies need to comply with UK law?
Brian v Spain is about a Sussex juice manufacturer specializing in fruit juices. He has decided to sell juices over the internet to wholesalers in Spain. However, the Spanish juice marketing board challenged him. Firstly, juices can’t be marketed in Spain unless labeled in Spanish. Secondly, Brian’s price list suggests his juices are sold below the minimum juice price established by Spanish legislation. Thirdly, its contrary to Spanish law to sell fruit juice by post.
The authority argued these requirements are necessary to ensure consumer protection and market transparency. Minimum pricing ensures fair competition and a level playing field for producers. Moreover, selling the product by post is contrary to Spanish law.
Maria v United Kingdom is about a Spanish national qualified as a teacher in Spain where she worked. She was offered a part-time position, which she wants to accept. However, she was challenged. Firstly, UK legislation requires teaching vacancies in central London to be filled by people resident in the greater London area. Secondly, a UK qualification in teaching is required. Thirdly, the British immigration authorities informed her she couldn’t rely on EU law because her post is part-time. The justification is, those teaching in central London need to be familiar with the local conditions there.