LEGISLATION IN QUESTION IS JUSTIFIED BY MANDATORY REQUIREMENTS OF CONSUMER PROTECTION . THEY TAKE THE VIEW THAT LABELLING MEASURES ARE INSUFFICIENT TO ELIMINATE THE RISK THAT THE CONSUMER MAY CONFUSE THE TRADITIONAL BEVERAGE WITH ANOTHER PRODUCT HAVING A LOWER ALCOHOL CONTENT . IN THIS REGARD THEY CONTEND THAT MOST CONSUMERS , WHO DO NOT KNOW THAT THE BEVERAGE TRADITIONALLY KNOWN AS JENEVER MUST HAVE AN ALCOHOL CONTENT OF 35% AND WHO ARE ACQUAINTED ONLY WITH THAT BEVERAGE ARE NOT GIVEN SUFFICIENT NOTICE SIMPLY BY STATEMENTS ON THE BOTTLE LABEL . SUCH MEASURES ARE IN ANY EVENT COMPLETELY INEFFECTIVE WHERE THE BEVERAGE IS SOLD IN HOTELS AND RESTAURANTS .
13 THE GERMAN GOVERNMENT FURTHER SUBMITS ON THIS POINT THAT THE QUESTION WHETHER A BAN ON USING THE APPELLATION ' JENEVER ' IS NECESSARY FOR PRODUCTS WHICH DO NOT SATISFY CERTAIN REQUIREMENTS DEPENDS ON THE COMMERCIAL VIEW PREVAILING IN THE COUNTRY CONCERNED . SINCE THE NATIONAL AUTHORITIES ARE IN THE BEST POSITION TO JUDGE SUCH FACTS , IT IS FOR THOSE AUTHORITIES AND NOT THE COURT TO REACH A DECISION ON THEM . WHEN THE NATIONAL LEGISLATURE , WHICH IS COMPETENT TO TAKE SUCH A DECISION , HAS SETTLED THE MATTER , THE NATIONAL COURT IS BOUND BY ITS ASSESSMENT .
14 AS REGARDS THE LATTER ARGUMENT , IT MUST BE STATED THAT NEITHER ARTICLE 30 OF THE TREATY NOR INDEED ARTICLE 36 RESERVES CERTAIN MATTERS TO THE EXCLUSIVE JURISDICTION OF THE MEMBER STATES . 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 . IN THE FINAL ANALYSIS THE GERMAN GOVERNMENT ' S ARGUMENT AMOUNTS TO A REPUDIATION OF REVIEW BY THE COURT AND THEREFORE RUNS COUNTER TO THE UNIFORMITY AND EFFECTIVENESS OF COMMUNITY LAW . IT MUST THEREFORE BE REJECTED .
15 ON THE QUESTION WHETHER THE NETHERLANDS LEGISLATION IS NECESSARY TO PROTECT CONSUMERS IT NEED ONLY BE POINTED OUT THAT THE GERECHTSHOF , ARNHEM , FOUND IN ITS JUDGMENT THAT IN THE PRESENT CASE THE LABELLING OF ' NOLENS JONGE JENEVER ' WAS SUFFICIENT TO AVOID THE RISK OF CONFUSION ON THE PART OF THE CONSUMER AND THAT THE APPLICATION OF THE NETHERLANDS LEGISLATION TO THAT PRODUCT WAS NOT JUSTIFIED BY MANDATORY REQUIREMENTS OF CONSUMER PROTECTION . IN THOSE CIRCUMSTANCES THE GERECHTSHOF CLEARLY DID NOT INTEND TO ASK THE COURT ANY QUESTION ON THIS POINT .
16 THE EXAMINATION IN THE PRESENT CASE MUST THEREFORE BE CONFINED TO THE QUESTION WHETHER THE NEED TO ENSURE FAIR TRADING CAN JUSTIFY THE APPLICATION OF THE NETHERLANDS LEGISLATION IN QUESTION TO IMPORTED PRODUCTS , ESPECIALLY IN VIEW OF THE COMPETITIVE ADVANTAGE ENJOYED BY FOREIGN MANUFACTURERS