FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 30 OF THE EEC TREATY .
2 THE ACTION IS DIRECTED MORE SPECIFICALLY AGAINST ARTICLES L 17 AND L 18 OF THE CODE DES DEBITS DE BOISSONS ET DES MESURES CONTRE L ' ALCOOLISME ( CODE ON THE RETAIL SALE OF BEVERAGES AND ON MEASURES AGAINST ALCOHOLISM ), HEREINAFTER REFERRED TO AS ' ' THE CODE ' ' , WHICH ARE INTENDED TO REGULATE ADVERTISING IN RESPECT OF ALCOHOLIC DRINKS . THE COMMISSION CONTENDS THAT THOSE RULES HAVE BEEN SO FORMULATED THAT ADVERTISING IN RESPECT OF CERTAIN IMPORTED ALCOHOLIC PRODUCTS IS PROHIBITED OR SUBJECT TO RESTRICTIONS WHILST IT IS COMPLETELY UNRESTRICTED IN REGARD TO COMPETING NATIONAL PRODUCTS . THIS DISCRIMINATORY EFFECT IS THE RESULT OF THE DIVISION OF ALCOHOLIC BEVERAGES INTO CATEGORIES IN ARTICLE L 1 OF THE CODE AND THE DIFFERENT WAY IN WHICH THOSE PROVISIONS REGULATING ADVERTISING ARE MADE TO APPLY TO THOSE CATEGORIES . THOSE RESTRICTIONS ON THE MARKETING OF THE PRODUCTS IN QUESTION ORIGINATING FROM OTHER MEMBER STATES ARE , IT IS CLAIMED , TO BE REGARDED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS AND AS SUCH ARE PROHIBITED BY ARTICLE 30 OF THE EEC TREATY .
3 ARTICLE L 1 ON THE CODE DIVIDES BEVERAGES INTO FIVE GROUPS FOR THE PURPOSE OF REGULATING THEIR MANUFACTURE , SALE AND CONSUMPTION ; THE FIRST OF THOSE GROUPS COVERS NON-ALCOHOLIC BEVERAGES AND THE OTHERS ALCOHOLIC BEVERAGES . THE LATTER GROUPS ARE DEFINED IN THESE TERMS BY ARTICLE L 1 :
GROUP 2 : UNDISTILLED FERMENTED BEVERAGES NAMELY WINE , BEER , CIDER PERRY AND MEAD , TO WHICH ARE ADDED NATURAL SWEET WINES COMING UNDER THE TAX ARRANGEMENTS APPLYING TO WINE , AS WELL AS BLACKCURRANT LIQUEURS AND FERMENTED FRUIT OR VEGETABLE JUICES CONTAINING 1 TO 3 DEGREES OF ALCOHOL ;
GROUP 3 : NATURAL SWEET WINES OTHER THAN THOSE BELONGING TO GROUP 2 , LIQUEUR WINES , WINE-BASED APERITIFS AND STRAWBERRY , RASPBERRY , BLACKCURRANT OR CHERRY LIQUEURS CONTAINING NO MORE THAN 18* OF PURE ALCOHOL ;
GROUP 4 : RUMS , TAFIAS , SPIRITS OBTAINED FROM THE DISTILLATION OF WINES , CIDERS , PERRIES OR FRUITS , NOT CONTAINING ANY ADDED ESSENCE , AS WELL AS LIQUEURS SWEETENED WITH SUGAR , GLUCOSE OR HONEY IN A MINIMUM AMOUNT OF 400 GRAMS PER LITRE IN REGARD TO ANISEED-FLAVOURED LIQUEURS AND 200 GRAMS PER LITRE IN REGARD TO OTHER LIQUEURS , WHICH DO NOT CONTAIN MORE THAN HALF A GRAM OF ESSENCE PER LITRE ;
GROUP 5 : ALL OTHER ALCOHOLIC BEVERAGES .
4 AS REGARDS THE SYSTEM OF REGULATING ADVERTISING , UNDER ARTICLE L 17 OF THE CODE IT IS PROHIBITED TO ADVERTISE DRINKS IN THE FIFTH GROUP IN ANY FORM WHATSOEVER . BY VIRTUE OF THE SYSTEM SET UP BY ARTICLE L 1 ALL THE ALCOHOLIC PRODUCTS WHICH ARE NOT EXPRESSLY STATED TO COME UNDER GROUPS 2 , 3 OR 4 MAY NOT THEREFORE BE ADVERTISED .
5 UNDER THE TERMS OF ARTICLE L 18 ADVERTISING IN