A new German law on the meat content of sausages has just been adopted. This new law, which the German government is justifying in the name of public health, bans the importation and marketing in its territory of sausages from other EU Member States unless they comply with German sausage standards.

You are in the in-house counsel for French Saucisses Ltd and the CEO of the company has asked you to produce a memo outlining (a) the main stages of any infringement procedure and (b) whether the European Commission has an obligation to take legal action against Germany on the basis of Article 258 TFEU should French Saucisses Ltd lodge a complaint with the Commission.

N.B. You are not however required to assess whether Germany has violated the relevant EU rules regarding free movement of goods.