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Law & policy

Buying from another European website does not transfer its rules

The website is based in another European Union country, the catalogue looks professional and delivery to Spain is offered. It is easy to read all of that as a legal answer. In reality, these are commercial details. Assessing a product requires distinguishing the free movement of goods, its specific category and the requirements that apply to it.

A handmade globe surrounded by small parcels on a yellow background.
A representation of international shipping; it does not depict a particular trade route.

What an important judgment said

In case C-663/18, the Court of Justice of the European Union examined a national prohibition concerning CBD lawfully produced in another Member State. Its decision concerns free movement and the justification of restrictions to protect public health, with requirements of necessity and proportionality. The case matters, but it does not act as individual approval for every product containing CBD.

The Court's official press release explains the dispute's context. Reading that context prevents one sentence from the judgment becoming an unlimited commercial rule. A ruling on a particular restriction does not automatically remove other requirements applying to the product category. European law is better understood when we retain the question the Court was deciding.

The category still matters

A food, a cosmetic and a healthcare preparation do not become equivalent by crossing a border. To know which documentation matters, we need to identify the product and its purpose. The European Commission explains, for example, that novel food authorisations have conditions of use, specifications and requirements that must be met.

This example shows why a shop cannot be the only source used for checking. Its website can describe what it offers, but interpreting the regulatory framework requires consulting the corresponding official documents. Professional design or a large catalogue cannot replace that reading.

Translating a product sheet does not translate compliance

A description in Spanish makes a product easier to understand, but does not, by itself, show that every obligation in the intended market has been addressed. A label in another language does not necessarily prove the opposite either. These questions require analysis using the relevant information, avoiding conclusions based solely on the page's appearance.

Imagine a supplier using a description common in its own market. Before repeating it in a magazine or Spanish shop, establish exactly what it means and whether it suggests a particular use. Word-for-word translation may preserve the grammar while losing the context. Editorial precision requires identifying the material, use and scope of the claims.

A reading that avoids shortcuts

When faced with a claim of legal sale throughout Europe, identify the product it concerns and the regulatory basis invoked. Then check whether that basis actually answers the question being asked. This guide does not assess particular transactions or provide import instructions. Its purpose is more basic: to remember that a catalogue is a source about a company's offering, while conformity requires a specific check.

Take this with you

Free movement and compliance with specific requirements must be considered together, not inferred from a catalogue.

Sources you can open

The source may be in its original language. English publication does not change the jurisdiction or date discussed.

  1. CJEU: official press release on case C-663/18
  2. European Commission: novel food legislation

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