BE THAT , IF THE RULES ON TRADING IN BEER , ADOPTED BY A MEMBER STATE IN ORDER TO DEFINE THE DIFFERENT TYPES OF BEER TRADITIONALLY BREWED IN A CERTAIN PART OF THE COMMUNITY AND TO SAFEGUARD ITS TYPICAL TASTE , PROHIBIT THE MARKETING OF ANY BEER WHOSE ACIDITY EXCEEDS A CERTAIN LEVEL , UNLESS THAT BEER IS PRODUCED BY PROCESSES TRADITIONALLY USED IN THAT PART OF THE COMMUNITY TO OBTAIN SOUR BEER , THE EXTENSION OF THAT PROHIBITION TO BEER LAWFULLY PRODUCED AND MARKETED IN ANOTHER MEMBER STATE MUST BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION , WHICH IS PROHIBITED BY ARTICLE 30 OF THE TREATY .
10 ALTHOUGH THE EXTENSION TO IMPORTED PRODUCTS OF A PROHIBITION OF THE STATEMENT OF CERTAIN INFORMATION ON THE PACKAGING OF A PRODUCT IS NOT AN ABSOLUTE BARRIER TO THE IMPORTATION INTO THE MEMBER STATES CONCERNED OF PRODUCTS ORIGINATING IN OTHER MEMBER STATES , IT IS NONE THE LESS OF SUCH A NATURE AS TO RENDER THE MARKETING OF THOSE PRODUCTS MORE DIFFICULT OR MORE EXPENSIVE , THROUGH THE NEED TO ALTER THE LABEL UNDER WHICH THE PRODUCT IS LAWFULLY MARKETED IN THE MEMBER STATE IN WHICH IT IS PRODUCED .
11 ARTICLE 30 OF THE TREATY IN NO WAY PREVENTS A MEMBER STATE FROM PROTECTING ITS CONSUMERS AGAINST LABELLING WHICH IS OF SUCH A KIND AS TO MISLEAD THE PURCHASER . SUCH PROTECTION IS INDEED REQUIRED BY ARTICLE 2 ( 1 ) OF COUNCIL DIRECTIVE 79/112/EEC OF 18 DECEMBER 1978 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE LABELLING , PRESENTATION AND ADVERTISING OF FOOD-STUFFS FOR SALE TO THE ULTIMATE CONSUMER ( OFFICIAL JOURNAL 1979 , L 33 , P . 1 ).
12 SUCH CONSUMER PROTECTION MAY ALSO ENTAIL A PROHIBITION OF THE PROVISION OF CERTAIN INFORMATION ON THE PRODUCTS , PARTICULARLY IF THAT INFORMATION MAY BE CONFUSED BY THE CONSUMER WITH OTHER INFORMATION REQUIRED BY THE NATIONAL RULES . FOR SUCH A PROHIBITION TO BE APPLIED TO PRODUCTS FROM ANOTHER MEMBER STATE , IN SUCH A WAY AS TO NECESSITATE THE ALTERATION OF THE ORIGINAL LABELS OF SUCH PRODUCTS , THE ORIGINAL LABELS MUST ACTUALLY BE OF SUCH A KIND AS TO GIVE RISE TO THE CONFUSION WHICH THE RULES SEEK TO AVOID . THE FINDINGS OF FACT NECESSARY IN ORDER TO ESTABLISH WHETHER OR NOT THERE IS SUCH A RISK OF CONFUSION ARE A MATTER FOR THE NATIONAL COURT .
13 THE ANSWER TO THE LATTER PART OF THE QUESTION REFERRED TO THE COURT FOR A PRELIMINARY RULING SHOULD THEREFORE BE THAT THE EXTENSION BY A MEMBER STATE OF THE PROHIBITION OF A STATEMENT OF THE STRENGTH OF THE ORIGINAL WORT OF BEER ON THE PRE-PACKAGING OR THE LABEL TO BEER IMPORTED FROM OTHER MEMBER STATES , NECESSITATING AN ALTERATION OF THE LABEL UNDER WHICH THE IMPORTED BEER IS LAWFULLY MARKETED IN THE EXPORTING MEMBER STATE MUST BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A