ALBERTO DE LA LASTRA CABRERA EXCHANGE STUDENT M00329770 LAW 2913

First, I would start saying it's a case that I particularly like because it has been a major controversy at European level in the year 2011 and I think there has been a grave injustice and negligence in this regard with the Spanish state, by the German government, and all vegetable growers because it has lost millions and of course many families living in this area have been severely damaged both his reputation as economically. Centre and in the case of this coursework, we will make a brief summary of the situation that is occurring with our client, Mr.Andrew. Mr. Andrew is a cucumber and tomato producer in Infra, which is a state that is part of the European Union. Everything is going very well in his professional life as a producer of these fruits and vegetables, until one day there is the outbreak of E.coli bacteria. From here, the government of another member state of the European Union, Ultra, prohibits any export or import of products of our client, assuming this a lost millions of euros. In addition to this sum the campaign carried out by another member, Media, which also prohibits any kind of movement there in the products of our customers across their borders. With the passage of time researching everything goes and it appears that the prohibitions and fears were unfounded against Andrew products, our customer. A directive is binding on both states to lift the ban, but only state that meets Ultra, claiming the state of Media will not do it to preserve the health of its citizens. In this sense, our legal department goes to work for Andrew to advise him on the measures we take to hold accountable those states involved. We'll start by saying that those responsible for the error with cucumber and tomato and therefore the loss of millions of Infra agricultural sector, would be the state governments of Ultra Media, more specifically the health ministries of these countries and in particular the deputy who blamed Infra products as guilty of outbreaks of E.coli bacteria in both states. Once this blunder occurred against our client, Mr. Andrew, enters the scene the European Union, which demonstrated that neither the cucumbers and tomatoes that produced our customer and sold in Media and Ultra, were to blame for deaths and infections were occurring in these countries. To give credibility to this issue, I will provide a document that proves the innocence of our client and is taken from a Spanish Web http://www.euractiv.es/noticias/noticia.php?noticia=3271,and will support the defense of products below: "The European Commission, after analyzing all data and information before it, has given its approval to the health of cucumbers and tomatoes Infra. Thus has ended a health alert that hung over them, considering the decision wrong and Ultra Media. The EU executive has analyzed the results of tests on cucumbers and tomatoes in Ultra and Media, and others that have taken place in Infra on this vegetable, and also on land, water and other elements. Throughout the day, the European Commissioner for Health, had refused to criticize the

decision to ban Ultra Media and agricultural products Infra, staying next to the possible culprits, despite doubts about the source of origin of bacteria E. coli, which were still in the air. However, late in the afternoon, Brussels has branded 'wrong' decision and Media Ultra accusing cucumbers outbreak of E.coli, statements that have caused heavy losses in the agricultural market Infra ". In view of this we have just seen, we believe we are entitled to request a large compensation for our client and in turn also request to be fined large sums of money to those companies that from now onwards refuse to buy products from Infra or break contracts already established with our client. In this sense, again refer to other news from a Spanish newspaper that can serve as support for the legal advice that we are in favor of our client Andrew: . Looking at this news, we can say on behalf of our client "The European Union will discuss how to compensate agricultural producers for losses incurred Infra after they were brought to her cucumbers and tomatoes as the source of an infectious outbreak and spread Ultra Media. Infra filed with the Commission requests for compensation after some European countries suspend their vegetables Infra orders in recent weeks since the outbreak of the so-called "crisis of cucumber." This was announced by the Ministry of Agriculture made public even before the investigation carried out in Media and Ultra, has concluded that the cucumbers and tomatoes from our client are not the source of the outbreak. " And for this we request that our client will be rewarded after all the injustices committed against him, as these European countries by not buying products from my client, leading to losses amounting to several million euros. We believe that between member states should not close the door to domestic commerce unless there are tests that require it, so we think the absence of these tests, has acted negligently against the cucumbers and tomatoes produced by my client Infra. For all these reasons, we believe that the competent court for such cases, the court would be the European Union, which interprets and applies European law to ensure that applied in the same way in all member states. It also resolves legal disputes between governments and EU institutions. Individuals, companies and organizations can also appeal to the courts if an EU institution has violated their rights. In this case, we believe that the procedure would be to use a direct appeal before the Court of the European Union, due to damage my client and its products have been by act or omission by two officers of the union Europe, such as Media and Ultra. For all this we avail ourselves of the EU Directive on which stands the veto on cucumbers and tomatoes Infra therefore in favor of Andrew products, our customer. Also ask the government Infra comison leading to European court of justice in the European Union, not to assume responsibility for the mismanagement of the crisis of cucumber and tomato and pass a bill that does not make 100% of damage to agricultural producers Infra, and more specifically to our client, Andrew. From this legal advice, we also believe that the European Commission is required to complete compensation for all damages to the sector for their bad actions and decisions. We will argue in our demand that the damage produced by the commission, Ultra and Media, represent a serious loss of production and marketing of products not of our client, the general decline in prices

caused by the crisis and a poor image sector. We believe that there was mismanagement of the commission, both in poor health alert is activated which causes a fear and a warning cucumbers and tomatoes Infra without conclusive technical reports, and a serious slowness and inadequacy in the application measures to help in this crisis. Following this line, we assumed that, other than that they should be compensated for all damages and prejudice suffered, the State Bar Infra must also take part in this crisis and also look after the interests of our client and for the Infra State who have been seriously harmed. As legal advisor to Andrew, I would advise my team of lawyers who were looking for all kinds of tests needed for when the time came to claim, for example, losses, prejudices, transportation, etc. All this translated into money. Another thing, not least, loss of profit, that is, economic profit is left to obtain a result of the action that creates responsibility. Also, since this report, we argue other prejudice, such as moral damages it has suffered our client, Andrew, and that we believe are more difficult to measure economically, and with all this deep crisis caused by member states Ultra and Media, which has done is undermine the reputation of all agricultural products of Infra and therefore against its export market worldwide. We believe that fully meet the three requirements under the law to pursue a claim of this kind. First we thought that there was a total neglect by the media in the States of Ultra and Media, as they have deliberately blamed cucumbers and tomatoes Infra the spread of the bacteria without conclusive scientific evidence. Secondly there has been an injury that is likely to be compensated for the loss of millions who had the Infra sector. And third and final requirement, we see that there is a clear causal link between the negligent action and the harmful outcome. With all this we believe we are all our right to claim the two states and even the European Union and hope that takes into account all our requests and demands that we do on behalf of our client, Andrew, producer of vegetables in Infra an EU member state.

Finally and in conclusion I would like to reflect on everything that has happened in Spain, my country, and more specifically in Andalusia, southern region has been the most affected by this crisis of cucumber caused by German MEP Storcks Prufer.Spain is the country that ranks first in the ranking of exports of cucumbers, with 450 million kilos a year. Of this amount, 34% of the production goes to Germany, and the prohibition established, the industry estimated to have lost around 200 million euros a week. Therefore, a loss of someone must be responsible and that a few months ago the Spanish government is preparing all the claims that will perform well against the German government as against the European Commission also had its share of responsibility.