BY INCLUDING PRESERVED MEAT PRODUCTS AND ICE-CREAM AND THEREBY ACTED IN BREACH OF ITS DUTY TO GIVE THE ITALIAN GOVERNMENT A FAIR HEARING .
7 THAT IRREGULARITY CANNOT BE REGARDED AS HAVING BEEN CURED BY THE FACT THAT THE ITALIAN REPUBLIC SUBSEQUENTLY SUBMITTED OBSERVATIONS ON THE REASONED OPINION OF 24 NOVEMBER 1982 .
8 IT FOLLOWS THAT THE APPLICATION IS ONLY ADMISSIBLE TO THE EXTENT TO WHICH IT RELATES TO THE USE OF ANIMAL GELATIN IN CONFECTIONERY PRODUCTS AND FOR THE REST MUST BE DISMISSED AS INADMISSIBLE .
9 THE ITALIAN GOVERNMENT GOES ON TO CONTEND THAT THE RESTRICTION ON THE USE OF ANIMAL GELATIN IN SWEETS WAS ABOLISHED BY THE DECRETO MINISTERIALE OF 14 APRIL 1983 ( GAZZETTA UFFICIALE OF 4 . 5 . 1983 ). IT MAINTAINS THAT ACCORDINGLY ' ' THE COMMISSION NO LONGER HAS AN INTEREST IN SECURING A JUDGMENT IN THIS ACTION . ' '
10 IN THAT RESPECT IT MUST BE NOTED THAT THE AFOREMENTIONED DECRETO MINISTERIALE RELATES ONLY TO SWEETS , SO THAT OTHER CONFECTIONERY PRODUCTS ARE NOT AFFECTED . THE COMMISSION THEREFORE RETAINS AN INTEREST IN PROCEEDING WITH ITS ACTION .
SUBSTANCE
11 IT MUST BE RECALLED THAT ARTICLE 30 OF THE TREATY PROHIBITS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON THE IMPORTATION OF PRODUCTS LAWFULLY MANUFACTURED AND MARKETED IN OTHER MEMBER STATES .
12 THE ITALIAN GOVERNMENT MAINTAINS FIRST THAT THE USE OF EDIBLE GELATIN IS GOVERNED BY COUNCIL DIRECTIVE 74/329 OF 18 JUNE 1974 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO EMULSIFIERS , STABILIZERS , THICKENERS AND GELLING AGENTS FOR USE IN FOODSTUFFS ( OFFICIAL JOURNAL 1974 , L 189 , P . 1 ), WHICH , IT IS ARGUED , ALLOWS THE MEMBER STATES COMPLETE FREEDOM TO ADOPT THE MEASURES THEY CONSIDER NECESSARY WITHOUT THEIR HAVING THEREFORE TO COMPLY WITH THE PROHIBITION LAID DOWN IN ARTICLE 30 OF THE TREATY .
13 THAT ARGUMENT MUST BE REJECTED . ALTHOUGH EDIBLE GELATIN IS REFERRED TO IN COUNCIL DIRECTIVE 74/329 , IT DOES NOT FOLLOW FROM ANY PROVISION OF THE DIRECTIVE THAT THE MEMBER STATES ARE VESTED WITH SUCH FREEDOM AS TO BE ABLE TO DEVIATE FROM THE PROHIBITION LAID DOWN IN ARTICLE 30 OF THE TREATY WHEN ADOPTING MEASURES RELATING TO THE USE OF ANIMAL GELATIN .
14 THE ITALIAN GOVERNMENT GOES ON TO CONTEND THAT THE NATIONAL PROVISIONS IN QUESTION ARE INTENDED TO SATISFY IMPERATIVE REQUIREMENTS RELATING TO THE PROTECTION OF CONSUMERS , WHO MIGHT BE CONFUSED AS TO THE COMPOSITION OF PRESERVED PRODUCTS IF GELATIN COULD BE USED WITHOUT RESTRICTION IN THEIR MANUFACTURE .
15 HOWEVER , AS THE COURT HAS HELD ON NUMEROUS OCCASIONS , MEMBER STATES MAY SATISFY SUCH A REQUIREMENT BY ADOPTING AN APPROPRIATE MEASURE WHICH IMPEDES TRADE BETWEEN MEMBER STATES AS LITTLE AS POSSIBLE , FOR EXAMPLE BY PROVIDING THE CONSUMER WITH SUITABLE INFORMATION .
16 THE ITALIAN GOVERNMENT ALSO MAINTAINS THAT THE NATIONAL PROVISIONS IN QUESTION ARE NECESSARY FOR THE PROTECTION OF PUBLIC HEALTH IN VIEW