Opinion of the Advocate General — ECLI:EU:C:2004:113
Date: 2004-02-19
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Measures having equivalent effect;Quantitative restrictions
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Summary of the Judgment Free movement of goods – Quantitative restrictions – Measures having equivalent effect – National legislation reserving the term ‘gold’ for articles of a fineness of 750 parts per thousand – Not permissible – Justification – Consumer protection – Fair trading – None (Art. 28 EC) There is a failure to fulfil obligations under Article 28 EC when a Member State which reserves the term ‘gold’ for articles of a fineness of 750 parts per thousand whilst those of a fineness of 375 or 585 parts per thousand, although marketed in their countries of origin under the term ‘gold’, are sold in that Member State under the term ‘gold alloy’, a term less attractive to consumers. Such legislation imposes a redundant double designation for articles of the two lower levels of purity, that is to say the use not only of the fineness of the article but also the term ‘gold alloy’, and is therefore not proportionate to the aim of ensuring fair trade and consumer protection, which can be achieved by measures less restrictive to intra-Community trade. (see paras 13-14, 19-21, operative part)