Opinion of the Advocate General — ECLI:EU:C:2000:160
Date: 2000-03-23
Language of the case: French
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: Reference for a preliminary ruling
Origin: Belgium

Summary of the Judgment 
1. Approximation of laws — Prepackaging of liquids — Directive 75/106, as amen­
ded — Partial harmonisation — Prohibition by Member States of the marketing of 
any prepackage having a nominal value not mentioned in Annex III, Column I, to the 
directive — Not permissible 
(Council Directive 75/106, as amended by Directives 79/1005, 85/10, 88/316 and 
89/676, Annex III, Column I) 
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SUMMARY — CASE C-3/99 
2. Free movement of goods — Quantitative restrictions — Measures having equivalent 
effect — National rules prohibiting the marketing of prepackages having a nominal 
volume not included in the Community range, as amended by Directives 79/1005, 
85/10, 88/316 and 89/676 — Not permissible —Justification — Consumer protec­
tion — Conditions — Assessment by the national court 
(EC Treaty, Art. 30 (now, after amendment, Art. 28 EC); Council Directive 75/106, as 
amended by Directives 79/1005, 85/10, 88/316 and 89/676, Annex III, Column I) 
1. Directive 75/106 on the approximation 
of the laws of the Member States 
relating to the making-up by volume 
of certain prepackaged liquids, amen­
ded by Directives 79/1005, 85/10, 
88/316 and 89/676, must be construed 
as not allowing Member States to 
prohibit the marketing of any prepack­
age having a nominal volume which is 
not mentioned in Annex III, Column I, 
to that directive. 
Although Directive 75/106, as origin­
ally drafted, undertook full harmonisa­
tion of the national regulations in 
question, once it had been amended 
by Directive 79/1005 it became a 
directive of partial harmonisation. 
(see paras 42, 43, 57 
and operative part) 
2. Article 30 of the Treaty (now, after 
amendment, Article 28 EC) must be 
construed as precluding a Member 
State from prohibiting the marketing 
of a prepackage having a nominal 
volume not included in the Community 
range set out in Directive 75/106 on the 
approximation of the laws of the 
Member States relating to the mak­
ing-up by volume of certain prepack­
aged liquids, amended by Directives 
79/1005, 85/10, 88/316 and 89/676, 
which is lawfully manufactured and 
marketed in another Member State, 
unless such a prohibition is designed to 
meet an overriding requirement relat­
ing to consumer protection, applies 
without distinction to national and 
imported products alike, is necessary 
in order to meet the requirement in 
question and is proportionate to the 
objective pursued, and that objective 
cannot be achieved by measures which 
are less restrictive of intra-Community 
trade. 
In order to determine whether there is 
in fact a risk that consumers will be 
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RUWET 
misled by excessively close nominal 
volumes of the same liquid, a national 
court must have regard to all relevant 
factors, taking as its reference point the 
average consumer, reasonably well 
informed and reasonably observant 
and circumspect. 
(see paras 51-53, 57 and operative part) 
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