Opinion of the Advocate General — ECLI:EU:C:2001:665
Date: 2001-12-06
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Measures having equivalent effect;Approximation of laws;Quantitative restrictions
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Summary of the Judgment 
Free movement of goods — Quantitative restrictions — Measures having equivalent 
effect — National legislation prohibiting the marketing as 'chocolate' of cocoa and 
chocolate products containing fats other than cocoa butter and lawfully manufactured in 
the Member State of production — Not permissible — Whether justifiable — Protec­
tion of consumers — No justification 
(Art. 30 of the EC Treaty (now, after amendment, Art. 28 EC); Council Directive 73/241) 
I - 4 5 9 
SUMMARY — CASE C-12/00 
A Member State is in breach of its obli­
gations under Article 30 of the Treaty 
(now, after amendment, Article 28 EC) 
where it prohibits cocoa and chocolate 
products which comply with the minimum 
content requirements for cocoa and cocoa 
butter, laid down in point 1.16 of Annex I 
to Directive 73/241 on the approximation 
of the laws of the Member States relating to 
cocoa and chocolate products intended for 
human consumption to which vegetable 
fats other than cocoa butter have been 
added, and which are lawfully manufac­
tured in Member States that authorise the 
addition of such fats, from being marketed 
in its territory as 'chocolate', the name 
under which they are marketed in the 
Member State of production. 
Such legislation cannot be justified as being 
necessary in order to satisfy overriding 
requirements relating inter alia to consumer 
protection. The addition to cocoa and 
chocolate products of vegetable fats other 
than cocoa butter does not substantially 
alter their composition or their nature, so 
that they retain the characteristics expected 
by consumers buying products bearing the 
name 'chocolate'. The inclusion in the label 
of a neutral and objective s tatement 
informing consumers of the presence in 
the product of vegetable fats other than 
cocoa butter is sufficient to ensure that 
consumers are given correct information. 
(see paras 83, 87-88, 92-93, 98, 
operative part) 
I - 4 6 0