Keywords

Summary



Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - RULES GOVERNING THE MARKETING OF A PRODUCT - DESCRIPTION AND LABELLING - PERMISSIBILITY - CONDITIONS AND LIMITS

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - MANDATORY DESCRIPTION OF ALCOHOLIC BEVERAGES - EXTENSION TO IMPORTED PRODUCTS - PROHIBITION - CRITERIA - ASSESSMENT BY THE NATIONAL COURT

( EEC TREATY , ART . 30 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - NATIONAL AUTHORITIES ' POWER TO GRANT EXEMPTION - NO EFFECT ON THE CLASSIFICATION OF A PROHIBITED MEASURE - PERMISSIBILITY IN THE CASE OF A MEASURE JUSTIFIED ON GROUNDS RECOGNIZED BY THE TREATY - LIMITS

( EEC TREATY , ARTS 30 AND 36 )

Summary

1 . IN THE ABSENCE OF COMMON RULES RELATING TO THE PRODUCTION AND MARKETING OF A PRODUCT , IT IS , IN PRINCIPLE , FOR THE MEMBER STATES TO REGULATE ALL MATTERS RELATING TO THE MARKETING OF THAT PRODUCT ON THEIR OWN TERRITORY , INCLUDING ITS DESCRIPTION AND LABELLING , SUBJECT TO ANY COMMUNITY MEASURE ADOPTED WITH A VIEW TO APPROXIMATING NATIONAL LAWS IN THESE FIELDS .

HOWEVER , IN ORDER TO EXAMINE THE COMPATIBILITY WITH COMMUNITY LAW OF NATIONAL RULES REQUIRING THE EMPLOYMENT OF A GIVEN DESCRIPTION FOR NATIONAL AND IMPORTED PRODUCTS , IT IS NECESSARY TO CONSIDER WHETHER THOSE RULES ARE CAPABLE OF IMPEDING THE FREE MOVEMENT OF GOODS BETWEEN MEMBER STATES AND , IF SO , TO WHAT EXTENT SUCH AN OBSTACLE IS JUSTIFIED ON THE GROUND OF THE PUBLIC INTEREST UNDERLYING THE NATIONAL RULES .

2 . THE EXTENSION BY A MEMBER STATE OF A PROVISION WHICH PROHIBITS THE SALE OF CERTAIN ALCOHOLIC BEVERAGES UNDER A DESCRIPTION OTHER THAN THAT PRESCRIBED BY NATIONAL LAW TO BEVERAGES IMPORTED FROM OTHER MEMBER STATES , THEREBY MAKING IT NECESSARY TO ALTER THE LABEL UNDER WHICH THE IMPORTED BEVERAGE IS LAWFULLY MARKETED IN THE EXPORTING MEMBER STATE , IS TO BE CONSIDERED A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WHICH IS PROHIBITED BY ARTICLE 30 OF THE EEC TREATY AND WHICH IS NOT JUSTIFIED ON THE GROUND OF THE PUBLIC INTEREST IN CONSUMER PROTECTION IN SO FAR AS THE DETAILS GIVEN ON THE ORIGINAL LABEL SUPPLY THE CONSUMER WITH INFORMATION ON THE NATURE OF THE PRODUCT IN QUESTION WHICH IS EQUIVALENT TO THAT IN THE DESCRIPTION PRESCRIBED BY LAW .

IT IS FOR THE NATIONAL COURT TO MAKE THE FINDINGS OF FACT NECESSARY IN ORDER TO ESTABLISH WHETHER OR NOT THERE IS SUCH EQUIVALENCE .

3 . A MEASURE CAUGHT BY THE PROHIBITION PROVIDED FOR BY ARTICLE 30 OF THE EEC TREATY DOES NOT ESCAPE THIS PROHIBITION SIMPLY BECAUSE THE COMPETENT AUTHORITY IS EMPOWERED TO GRANT EXEMPTIONS , EVEN IF THIS POWER IS FREELY APPLIED TO IMPORTED PRODUCTS . ON THE OTHER HAND , IN THE CASE OF A MEASURE JUSTIFIED ON GROUNDS RECOGNIZED BY THE TREATY , THE TREATY DOES NOT FORBID IN PRINCIPLE PROVISION BEING MADE FOR THE POSSIBILITY OF GRANTING DEROGATIONS THEREFROM BY INDIVIDUAL DECISIONS LEFT TO THE DISCRETION OF THE ADMINISTRATION . HOWEVER , EXCEPTIONS MUST NOT LEAD TO THE FAVOURING OF DOMESTIC PRODUCTS BECAUSE THIS WOULD CONSTITUTE ARBITRARY DISCRIMINATION AGAINST OR A DISGUISED RESTRICTION ON PRODUCTS IMPORTED FROM OTHER MEMBER STATES .