1.

In the present reference for a preliminary ruling the Court is once again asked to interpret the concept of a “measure having an effect equivalent to a quantitative restriction” which is used in Article 30 of the EEC Treaty. It is necessary today to determine whether the said concept applies to a marketing ban relating only to imported products. More precisely, it must be determined whether a ban on marketing a certain product (vermouth with an alcoholic content below a certain minimum) imposed in the countiy of manufacture may be imposed in the country of import by way of a reference to the law of the country of manufacture, even though the country of import itself has no such ban. Let me summarize the facts. The Schutzvciband gegen Unwesen in der Wirtschaft [League for protection against unfair trading] made an application to the Landgericht München I for an injunction restraining the limited liability company Weinvertriebs from marketing in the territory of the Federal Republic of Germany vermouth made in Italy with an alcoholic content of less than 16 %. In support of its claim it relies on the German Law on wine of 14 July 1971. That Law imposes no minimum for the alcoholic content of vermouth made in Germany but paragraph 32 (1) thereof provides: “Wine-based beverages produced abroad ... may be imported only if the whole production has taken place in one and the same State according to the provisions applicable there and the product may be marketed there for the purpose of being consumed in an unaltered state.” It is apparent from that provision that if in the country of production the vermouth may be marketed only if it has a minimum alcoholic content, it must have the same alcoholic content to be marketed in the territory of the Federal Republic. That is so in the present case. According to Italian law (Article 7 of Decree-Law No 3 of 11 January 1956, which became Law No 108 of 16 March 1956) the alcoholic content of vermouth marketed in Italy must be at least 16%. The reference contained in paragraph 32 of the German Law means ihat the same limit applies to the marketing of Italian vermouth in Germany. On the other hand, as I have said, it imposes no such condition on the corresponding national product. In order to resolve the case the Landgericht München I considered it necessary to determine whether the said limit was compatible with Article 30 of the EEC Treaty. It stayed the proceedings and referred the following questions to this Court: “1. Is the interpretation of a statutory provision in Member State A, whereby vermouth produced in Member State B is not marketable in Member State A because it has slightly less than the minimum alcoholic content prescribed by law in Member State B, compatible with Article 30 et seq. of the EEC Treaty even though no minimum content for domestic vermouth is prescribed in Member State A and accordingly had the vermouth been produced in Member State A it would have been freely marketable there? If Question 1 is answered in the affirmative : 2. Is it still compatible with Article 30 et seq. of the EEC Treaty if the national provisions in Member State B provide that the vermouth need not comply with the national provisions of Member State B on minimum alcoholic content if the vermouth is produced for export to Member State A?”