THE EEC TREATY .
25 THIRDLY , IT IS TRUE , AS THE COURT HAS HELD MANY TIMES , THAT IN THE ABSENCE OF COMPREHENSIVE COMMUNITY LEGISLATION ON THE BOTTLING OF THE PRODUCTS IN QUESTION , 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 REQUIREMENT RELATING IN PARTICULAR TO CONSUMER PROTECTION AND FAIR TRADING .
26 IN PRINCIPLE , THE JUSTIFICATION FOR ADOPTING LEGISLATION DESIGNED TO PREVENT CUSTOMERS FROM CONFUSING WINES OF DIFFERENT QUALITY AND ORIGIN CANNOT BE DENIED . THAT CONCERN IS PARTICULARLY WORTHY IN THE CASE OF WINES , FOR TRADITIONS AND PECULARITIES PLAY AN IMPORTANT ROLE IN THIS FIELD . MOREOVER , THE SECOND RECITAL IN THE PREAMBLE TO REGULATION NO 355/79 STATES IN THIS REGARD THAT : ' ' . . . THE PURPOSE OF ANY DESCRIPTION AND PRESENTATION SHOULD BE TO SUPPLY POTENTIAL BUYERS AND PUBLIC BODIES RESPONSIBLE FOR ORGANIZING AND SUPERVISING THE MARKETING OF THE PRODUCTS CONCERNED WITH INFORMATION WHICH IS SUFFICIENTLY CLEAR AND ACCURATE TO ENABLE THEM TO FORM AN OPINION OF THE PRODUCTS ; . . . RULES SHOULD THEREFORE BE DRAWN UP TO ENSURE THAT THIS PURPOSE IS SERVED ' ' THE THIRD RECITAL IN THE PREAMBLE TO THE REGULATION THAN STATES THAT : ' ' . . . STEPS SHOULD BE TAKEN TO ENSURE THAT THE INFORMATION PROVIDED IS AS COMPLETE AS POSSIBLE AND THAT IT TAKES ACCOUNT OF THE DIFFERENT CUSTOMS AND TRADITIONAL PRACTICES IN THE MEMBER STATES AND IN THIRD COUNTRIES AND COMPLIES WITH COMMUNITY LAW . ' '
27 WHERE , HOWEVER , IT IS A MATTER OF DETERMINING WHETHER 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 .
28 IN THIS REGARD THE ARGUMENTS ADVANCED BEFORE THE COURT HAVE REVEALED THAT BOTTLES WHICH ARE IDENTICAL IN SHAPE TO THE BOCKSBEUTEL BOTTLE OR DIFFER FROM IT ONLY IN WAYS IMPERCEPTIBLE TO THE CONSUMER ARE TRADITIONALLY USED TO MARKET WINES ORIGINATING IN CERTAIN REGIONS OF ITALY . AN EXCLUSIVE RIGHT TO USE A CERTAIN TYPE OF BOTTLE GRANTED BY NATIONAL LEGISLATION IN A MEMBER STATE MAY NOT THEREFORE BE USED AS A BAR TO IMPORTS OF WINES ORIGINATING IN ANOTHER MEMBER STATE PUT UP IN BOTTLES OF THE SAME OR SIMILAR SHAPE IN ACCORDANCE WITH A FAIR AND TRADITIONAL PRACTICE OBSERVED IN THAT MEMBER STATE .
29 THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY MAINTAINS THAT CONSUMERS MIGHT BE