Opinion of the Advocate General — ECLI:EU:C:2001:24
Date: 2001-01-16
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Measures having equivalent effect;Quantitative restrictions
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary of the Judgment 
1. Free movement of goods — Quantitative restrictions — Measures having equivalent 
effect — Prohibition of the sale of bakery products whose salt content is higher than 
2% — Not permissible — Justification — Protection of public health — No justi­
fication 
(Arts 28 EC and 30 EC) 
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SUMMARY — CASE C-123/00 
2. Free movement of goods — Quantitative restrictions — Measures having equivalent 
effect — National legislation prohibiting advertising attributing particular qualities to 
foodstuffs when all similar products have the same qualities — Whether permissible 
(Art. 28 EC) 
1. A rule of a Member State prohibiting 
the marketing of bread and other 
bakery products whose salt content by 
reference to the dry matter exceeds the 
maximum permitted level of 2 %, 
when applied to products which have 
been lawfully manufactured and mar­
keted in another Member State, con­
stitutes a measure having equivalent 
effect to a quantitative restriction 
within the meaning of Article 28 EC 
and cannot be regarded as justified 
under Article 30 EC on the ground of 
protecting public health. 
(see para. 12, and operative part 1) 
2. Article 28 EC does not preclude a 
national rule which prohibits giving 
the impression that the branded pro­
duct possesses particular qualities 
when in fact all similar foodstuffs 
display the same qualities, in so far as 
the rule is designed to transpose cor­
rectly a Community rule harmonising 
the national rules on consumer protec­
tion against misleading practices by 
means of specifically-defined measures. 
(see paras 21-22, and operative part 2) 
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