Keywords

Summary



Keywords

1 . PRELIMINARY RULINGS - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ART . 177 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - RULES FORMING A COMPLETE SYSTEM - COMPETENCE OF THE MEMBER STATES - EXCLUDED

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - DESIGNATION AND PRESENTATION OF WINES - PROTECTION OF THE ' ' BOCKSBEUTEL ' ' BOTTLE - ABSENCE OF COMMUNITY RULES - APPLICATION OF NATIONAL RULES

( COUNCIL REGULATION NO 337/79 , ART . 54 ( 1 ); COMMISSION REGULATION NO 997/81 , ART . 18 )

4 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT - APPRECIABLE EFFECT ON TRADE - NOT NECESSARY

( EEC TREATY , ART . 30 )

5 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - LEGISLATION APPLYING TO NATIONAL AND IMPORTED PRODUCTS ALIKE - PROTECTIVE EFFECT FAVOURING TYPICAL NATIONAL PRODUCTS - PROHIBITED

( EEC TREATY , ART . 30 )

6 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - BOTTLING AND LABELLING OF PRODUCTS - DISPARITIES BETWEEN NATIONAL LEGISLATION - OBSTACLES TO INTRA-COMMUNITY TRADE - PERMISSIBILITY - CONDITIONS AND LIMITS

( EEC TREATY , ART . 30 )

7 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PRESENTATION OF WINES - PROTECTION OF CONSUMERS - FAIR TRADING - LEGISLATION ALLOWING ONLY CERTAIN NATIONAL PRODUCERS TO USE A SPECIFIC SHAPE OF BOTTLE - APPLICATION TO IMPORTS OF WINE ORIGINATING IN ANOTHER MEMBER STATE - PROHIBITION - CONDITIONS

( EEC TREATY , ART . 30 )

8 . FREE MOVEMENT OF GOODS - DEROGATIONS - GROUNDS OF PUBLIC POLICY - PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY - LEGISLATION ALLOWING ONLY CERTAIN NATIONAL PRODUCERS TO USE A SPECIFIC SHAPE OF WINE-BOTTLE - APPLICATION TO IMPORTS OF WINE ORIGINATING IN ANOTHER MEMBER STATE - JUSTIFICATION - NONE

( EEC TREATY , ART . 36 )

Summary

1 . THE COURT CANNOT , IN THE CONTEXT OF ARTICLE 177 OF THE EEC TREATY , GIVE A RULING ON THE INTERPRETATION AND VALIDITY OF PROVISIONS OF NATIONAL LAWS OR REGULATIONS . HOWEVER , THE COURT MAY PROVIDE THE NATIONAL COURT WITH THE CRITERIA FOR THE INTERPRETATION OF COMMUNITY LAW WHICH WILL ENABLE IT TO DECIDE FOR ITSELF THE ISSUE BEFORE IT .

2.ONCE RULES ON THE COMMON ORGANIZATION OF THE MARKET MAY BE REGARDED AS FORMING A COMPLETE SYSTEM , THE MEMBER STATES NO LONGER HAVE COMPETENCE IN THAT FIELD UNLESS COMMUNITY LAW EXPRESSLY PROVIDES OTHERWISE .

3.IN ADOPTING PROVISIONS RELATING TO THE PROTECTION TO BE GRANTED TO A PARTICULAR FORM OF WINE-BOTTLE , THE ' ' FLUTE D ' ALSACE ' ' , THE COMMUNITY LEGISLATURE HAS NOT EXHAUSTED THE COMPETENCE CONFERRED UPON IT BY ARTICLE 54 ( 1 ) OF REGULATION NO 337/79 IN THE MATTER OF DESIGNATION AND PRESENTATION OF WINES . THEREFORE , UNTIL COMMUNITY RULES ARE IMPLEMENTED , THE AFORESAID ARTICLE ALLOWS , SO FAR AS CONCERNS IN PARTICULAR THE ' ' BOCKSBEUTEL ' ' BOTTLE , THE RULES ADOPTED BY THE MEMBER STATES TO BE MAINTAINED PROVIDED THAT THEY DO NOT CONTRAVENE ARTICLE 30 ET SEQ . OF THE EEC TREATY .

4.IT IS NOT POSSIBLE TO DEDUCE FROM THE PROVISIONS REGARDING THE PROTECTION OF THE BOTTLE KNOWN AS THE ' ' FLUTE D ' ALSACE ' ' THAT THE COMMUNITY LEGIS LATION HAS EXHAUSTED ITS COMPETENCE UNDER ARTICLE 54 ( 1 ) OF REGULATION NO 337/79 IN THE MATTER OF THE DESIGNATION AND PRESENTATION OF WINES . THEREFORE , AS FAR AS CONCERNS IN PARTICULAR THE PROTECTION OF THE ' ' BOCKSBEUTEL ' ' BOTTLE , THAT PROVISION ALLOWS THE RULES ADOPTED BY THE MEMBER STATES TO BE MAINTAINED , PROVIDED THAT THEY DO NOT CONTRAVENE ARTICLE 30 ET SEQ . OF THE EEC TREATY .

5.FOR THERE TO BE A BREACH OF THE PROHIBITION OF MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS IT IS SUFFICIENT THAT THE MEASURES IN QUESTION ARE LIABLE TO IMPEDE , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , TRADE BETWEEN THE MEMBER STATES . IT IS NOT NECESSARY THAT THEY SHOULD HAVE AN APPRECIABLE EFFECT ON INTRA-COMMUNITY TRADE .

6.EVEN NATIONAL LEGISLATION ON THE MARKETING OF A PRODUCT WHICH APPLIES TO NATIONAL AND IMPORTED PRODUCTS ALIKE FALLS UNDER THE PROHIBITION LAID DOWN IN ARTICLE 30 OF THE EEC TREATY IF IN PRACTICE IT PRODUCES PROTECTIVE EFFECTS BY FAVOURING TYPICAL NATIONAL PRODUCTS AND , BY THE SAME TOKEN , OPERATING TO THE DETRIMENT OF CERTAIN TYPES OF PRODUCTS FROM OTHER MEMBER STATES .

7.IN THE ABSENCE OF COMPREHENSIVE COMMUNITY LEGISLATION ON THE BOTTLING OF PRODUCTS , OBSTACLES TO FREE TRADE WITHIN THE COMMUNITY OWING TO DISPARITIES BETWEEN NATIONAL RULES MUST BE ACCEPTED IN SO FAR AS SUCH RULES , APPLICABLE TO DOMESTIC AND IMPORTED PRODUCTS ALIKE , MAY BE JUSTIFIED ON THE GROUND THAT IT IS NECESSARY TO SATISFY MANDATORY REQUIREMENTS RELATING IN PARTICULAR TO CONSUMER PROTECTION AND FAIR TRADING .

8.ALTHOUGH THE LEGISLATION OF A MEMBER STATE MAY , IN ORDER TO PROTECT AN INDIRECT DESIGNATION OF GEOGRAPHICAL ORIGIN IN THE INTERESTS OF CONSUMERS , PROHIBIT THE MARKETING OF WINES IMPORTED IN A CERTAIN TYPE OF BOTTLE , IT MUST BE OBSERVED THAT , IN THE SYSTEM OF THE COMMON MARKET , CONSUMER PROTECTION AND FAIR TRADING AS REGARDS THE PRESENTATION OF WINES MUST BE GUARANTEED WITH REGARD ON ALL SIDES FOR THE FAIR AND TRADITIONAL PRACTICES OBSERVED IN THE VARIOUS MEMBER STATES .

THE APPLICATION BY A MEMBER STATE TO IMPORTS OF WINE ORIGINATING IN ANOTHER MEMBER STATE OF NATIONAL LEGISLATION ALLOWING ONLY CERTAIN NATIONAL PRO DUCERS TO USE A SPECIFIC SHAPE OF BOTTLE WHEN THE USE OF THAT SHAPE OR A SIMILAR SHAPE OF BOTTLE ACCORDS WITH A FAIR AND TRADITIONAL PRACTICE IN THE STATE OF ORIGIN CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION .

9.MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON IMPORTS ARISING FROM THE FACT THAT NATIONAL LEGISLATION PERMITS A SPECIFIC SHAPE OF WINE-BOTTLE TO BE USED ONLY BY CERTAIN NATIONAL PRODUCERS OR DEALERS CANNOT BE JUSTIFIED ON GROUNDS OF PUBLIC POLICY , WHETHER OR NOT THE LEGISLATION CARRIES PENAL SANCTIONS ; NOR CAN THEY BE JUSTIFIED BY THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY ON THE GROUND THAT SUCH A BOTTLE IS TRADITIONALLY USED BY NATIONAL PRODUCERS IF IDENTICAL OR SIMILAR BOTTLES ARE USED IN ANOTHER MEMBER STATE IN ACCORDANCE WITH A FAIR AND TRADITIONAL PRACTICE FOR MARKETING WINES PRODUCED IN THAT STATE .