Opinion of the Advocate General — ECLI:EU:C:1998:502
Date: 1998-10-22
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Measures having equivalent effect;Consumer protection;Approximation of laws;Quantitative restrictions
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment
1. Free movement of goods — Quantitative restrictions — Measures having equivalent effect —
Prohibition on the marketing of foodstuffs for reasons relating to the protection of consumers
— Limits — Use of a form of celling which complies with Directive 79/112 sufficient to
guarantee such protection
(EC Treaty, Art. 30; Council Directive 79/112)
I-731
SUMMARY — CASE C-383/97
2. Approximation of laws — Labelling and presentation of foodstuffs — Directive 79/112 —
Compulsory for the labelling of such products to disphy the name under which the product is
sold and the list of ingredients
(Council Directive 79/112, Arts 2, 3(1), 5(1) and 6(5)(a))
1. It is contrary to Article 30 of the Treaty
for national rules to prohibit, for reasons
of consumer protection, the marketing of
foodstuffs lawfully manufactured and mar­
keted in another Member State, where
consumers are protected by means of label­
ling in accordance with the provisions of
Directive 79/112 on the approximation of
the laws of the Member States relating to
the labelling, presentation and advertising
of foodstuffs, in particular those con­
cerning the name of the product and the
list of ingredients.
2. Article 3(1) of Directive 79/112 on the
approximation of the laws of the Member
States relating to the labelling, presenta­
tion and advertising of foodstuffs makes it
compulsory for the labelling of foodstuffs
to display the name under which the
product is sold and the list of ingredients.
As regards the name under which the
product is sold, it is contrary to Articles 2
and 5(1) of Directive 79/112 to use a trade
description which does not make it pos­
sible for purchasers in the State where the
product is sold to ascertain the true nature
of the foodstuff.
As regards the list of ingredients, where
the quantity of added water represents
more than 5% by weight of the finished
product, failure to include 'water' in the
list of ingredients constitutes infringement
of Article 3(1), read in conjunction with
Article 6(5)(a), of Directive 79/112.
I-732