Opinion of the Advocate General — ECLI:EU:C:2005:411
Date: 2005-06-28
Language of the case: German
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: Austria

Summary of the Judgment Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Hygiene of foodstuffs – Directive 93/43 – National legislation prohibiting the sale of non-packaged confectionery from vending machines – Justification – Protection of public health (Arts 28 EC and 30 EC; Council Directive 93/43, Art. 7) It is not contrary to Articles 28 EC, 30 EC and Article 7 of Directive 93/43 on the hygiene of foodstuffs for a provision of national law, adopted before the entry into force of that directive, to prohibit the offer for sale from vending machines of sugar confectionery or products made using sugar substitutes, without wrapping. Such a provision, even if constitutes in principle, a measure having equivalent effect to quantitative restrictions within the meaning of Article 28 EC, may be justified under Article 30 EC on the grounds of the protection of public health, if it constitutes an adequate and proportionate measure to attain the objective pursued. (see paras 29, 33, 36, 38, operative part)