Keywords

Summary



Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - MARKETING OF PRODUCTS - DISPARITIES BETWEEN NATIONAL LAWS - OBSTACLES TO INTRA-COMMUNITY TRADE - PERMISSIBILITY - CONDITIONS AND LIMITS - ASSESSMENT - JURISDICTION OF THE COURT

( EEC TREATY , ART . 30 )

2.FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - LEGISLATION RESERVING A GENERIC TERM TO A NATIONAL PRODUCT - PERMISSIBILITY

( EEC TREATY , ART . 30 )

3.FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - APPELLATION OF SPIRITUOUS BEVERAGES - FAIR TRADING - RULES SUBJECTING THE USE OF AN APPELLATION TO OBSERVANCE OF A MINIMUM ALCOHOL CONTENT - APPLICATION TO THE IMPORTATION OF BEVERAGES ORIGINATING IN ANOTHER MEMBER STATE - NOT PERMISSIBLE - CONDITIONS UNDER WHICH THIS IS SO

( EEC TREATY , ART . 30 )

Summary

1 . IN THE ABSENCE OF COMMON RULES GOVERNING THE MARKETING OF PRODUCTS , OBSTACLES TO FREE MOVEMENT WITHIN THE COMMUNITY RESULTING FROM DISPARITIES BETWEEN NATIONAL LAWS MUST BE ACCEPTED IN SO FAR AS SUCH RULES , APPLYING WITHOUT DISTINCTION TO NATIONAL AND IMPORTED PRODUCTS , MAY BE JUSTIFIED AS BEING NECESSARY TO SATISFY MANDATORY REQUIREMENTS OF INTER ALIA CONSUMER PROTECTION AND FAIR TRADING . HOWEVER THE REQUIREMENTS OF UNIFORMITY AND EFFECTIVENESS OF COMMUNITY LAW PRECLUDE THAT NECESSITY FROM BEING DETERMINED EXCLUSIVELY BY THE NATIONAL LEGISLATURE . WHEN , IN ORDER TO SATISFY MANDATORY REQUIREMENTS RECOGNIZED BY COMMUNITY LAW , NATIONAL LEGISLATION CREATES OBSTACLES TO THE FUNDAMENTAL PRINCIPLE OF THE FREE MOVEMENT OF GOODS , IT MUST OBSERVE THE LIMITS LAID DOWN BY COMMUNITY LAW . IT IS FOR THE COURT , WHICH INTERPRETS COMMUNITY LAW IN THE FINAL INSTANCE , AND FOR THE NATIONAL COURTS , WHICH REACH THEIR DECISIONS ON THE BASIS OF THAT INTERPRETATION , TO ENSURE THAT THOSE LIMITS ARE OBSERVED .

2.IT WOULD NOT BE COMPATIBLE WITH ARTICLE 30 OF THE TREATY AND THE OBJECTIVES OF A COMMON MARKET FOR NATIONAL LEGISLATION TO BE ALLOWED TO RESTRICT A GENERIC TERM TO ONE NATIONAL VARIETY OF A PRODUCT ALONE TO THE DETRIMENT OF OTHER VARIETIES PRODUCED , PARTICULARLY IN OTHER MEMBER STATES , BY COMPELLING THE PRODUCERS OF THE OTHER VARIETIES TO USE APPELLATIONS WHICH ARE UNFAMILIAR TO OR LESS ESTEEMED BY THE CONSUMER .

3.IN A SYSTEM OF A COMMON MARKET INTERESTS SUCH AS FAIR TRADING MUST BE GUARANTEED WITH REGARD ON ALL SIDES FOR THE FAIR AND TRADITIONAL PRACTICES OBSERVED IN THE VARIOUS MEMBER STATES .

A STIPULATION THAT NATIONAL RULES FIXING THE MINIMUM ALCOHOL CONTENT OF A TRADITIONAL BEVERAGE ARE TO BE COMPLIED WITH BY PRODUCTS OF THE SAME KIND IMPORTED FROM ANOTHER MEMBER STATE IS NOT AN ESSENTIAL REQUIREMENT OF FAIR TRADING , AND ACCORDINGLY FALLS WITHIN THE PROHIBITION IN ARTICLE 30 OF THE TREATY OF MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTION ON IMPORTS , IF THOSE PRODUCTS ARE LAWFULLY AND TRADITIONALLY MANUFACTURED AND MARKETED UNDER THE SAME APPELLATION IN THE MEMBER STATE OF ORIGIN AND THE PURCHASER IS PROVIDED WITH PROPER INFORMATION . IF IN SUCH CIRCUMSTANCES THE FREE MOVEMENT OF IMPORTED GOODS WERE TO BE SUBJECT TO THE CONDITION THAT THERE SHOULD FIRST EXIST COMMUNITY RULES , THE FUNDAMENTAL PRINCIPLE OF A UNIFIED MARKET AND ITS COROLLARY , THE FREE MOVEMENT OF GOODS , WOULD BE RENDERED MEANINGLESS .

THE FACT THAT IMPORTED PRODUCTS MAY HAVE A PRICE ADVANTAGE AS A RESULT OF THE APPLICATION OF NATIONAL TAXES AND EXCISE DUTIES WHICH ARE PROPORTIONAL TO THE ALCOHOL CONTENT IS IRRELEVANT IN THIS REGARD .