LEGISLATION PROHIBITING THE STOCKING AND THE CONSUMPTION OF SPIRITS OF AN ALCOHOLIC STRENGTH EXCEEDING 22* IN ALL PLACES OPEN TO THE PUBLIC AND IN DWELLINGS APPURTENANT THERETO ,
Grounds
1 BY JUDGMENT OF 18 MARCH 1981 , RECEIVED AT THE COURT ON 7 APRIL 1981 , THE BELGIAN COUR DE CASSATION REFERRED TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY TWO QUESTIONS ON THE INTERPRETATION OF ARTICLES 30 AND 36 OF THE EEC TREATY TO ENABLE IT TO JUDGE WHETHER CERTAIN PROVISIONS OF THE BELGIAN LAW OF 29 AUGUST 1919 ON THE SALE AND CONSUMPTION OF ALCOHOL WERE COMPATIBLE WITH COMMUNITY LAW .
2 THE QUESTIONS WERE RAISED IN CRIMINAL PROCEEDINGS BROUGHT BY THE BELGIAN AUTHORITIES AGAINST A RESTAURATEUR ACCUSED OF INFRINGING ARTICLES 1 , 2 AND 14 OF THE AFORESAID LAW INASMUCH AS , BEING A RETAILER OF DRINKS FOR CONSUMPTION ON THE PREMISES , HE HELD IN STOCK AND SOLD IN HIS ESTABLISHMENT SPIRITS OF AN ALCOHOLIC STRENGTH EXCEEDING 22 DEGREES AT A TEMPERATURE OF 15 DEGREES CENTIGRADE .
3 BOTH BEFORE THE COUR DE CASSATION AND IN HIS OBSERVATIONS TO THE COURT OF JUSTICE THE ACCUSED MAINTAINED THAT EVEN IF THEY APPLIED WITHOUT DISTINCTION TO DOMESTIC AND IMPORTED PRODUCTS THE RULES LAID DOWN BY ARTICLES 1 AND 2 OF THE LAW OF 29 AUGUST 1919 CONSTITUTED MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON THE IMPORTATION OF SPIRITS CONTRARY TO ARTICLE 30 OF THE EEC TREATY . FURTHER THOSE MEASURES COULD NOT BE JUSTIFIED ON ANY OF THE GROUNDS LISTED IN ARTICLE 36 OF THE TREATY AND IN PARTICULAR THE PROTECTION OF THE HEALTH AND LIFE OF HUMANS SINCE THERE WAS NO CERTAIN AND PRESENT NEED FOR THEM WHICH WOULD BE RECOGNIZED AS SUCH THROUGHOUT THE COMMUNITY .
4 THE BELGIAN COUR DE CASSATION CONSIDERED THAT THE CASE INVOLVED PROBLEMS OF THE INTERPRETATION OF COMMUNITY LAW AND REFERRED THE FOLLOWING QUESTIONS TO THE COURT FOR A PRELIMINARY RULING :
' ' 1 . MUST THE EXPRESSION ' MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON IMPORTS ' CONTAINED IN ARTICLE 30 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY BE INTERPRETED AS MEANING THAT THE PROHIBITION LAID DOWN BY THAT PROVISION COVERS :
( A ) LEGISLATIVE MEASURES PROHIBITING THE CONSUMPTION , THE SALE OR THE OFFERING EVEN WITHOUT CHARGE OF SPIRITS ( THAT IS TO SAY DRINKS WHOSE ALCOHOLIC STRENGTH EXCEEDS 22* AT A TEMPERATURE OF 15* CENTIGRADE ) FOR CONSUMPTION ON THE PREMISES IN ALL PLACES OPEN TO THE PUBLIC , IN PARTICULAR IN ESTABLISHMENTS RETAILING DRINKS , HOTELS , RESTAURANTS , PLACES OF ENTERTAINMENT , SHOPS , STALLS , BOATS , TRAINS , TRAMS , STATIONS , WORKSHOPS OR WORKING SITES AS WELL AS ON THE PUBLIC THOROUGHFARE , EVEN IF SUCH A PROHIBITION APPLIES WITHOUT DISTINCTION TO NATIONAL PRODUCTS AND IMPORTED PRODUCTS AND IS NOT INTENDED TO PROTECT NATIONAL PRODUCTION?
( B)LEGISLATIVE MEASURES PROHIBITING PERSONS SELLING DRINKS FOR CONSUMPTION ON THE PREMISES FROM