RULES RELATING TO THE DESIGNATION AND PRESENTATION OF THE PRODUCTS LISTED IN ARTICLE 1 . UNTIL ENTRY INTO FORCE OF THE RULES REFERRED TO IN THE FIRST SUBPARAGRAPH , THE RULES ON THIS MATTER SHALL BE THOSE ADOPTED BY THE MEMBER STATES ' ' . REGULATION NO 355/79 MERELY PROVIDES THAT USE OF THE CONTAINERS MAY BE SUBJECT TO CERTAIN CONDITIONS TO BE LAID DOWN FOR THE PURPOSE OF ENSURING IN PARTICULAR THAT THE QUALITY AND ORIGIN OF THE PRODUCTS MAY BE DISTINGUISHED ( ARTICLE 40 ) AND THAT THE DESIGNATION AND PRESENTATION OF WINES MUST NOT BE LIABLE TO CAUSE CONFUSION AS TO THE NATURE , ORIGIN AND COMPOSITION OF THE PRODUCT ( ARTICLE 43 ). ON THE QUESTION OF THE PROTECTION TO BE GIVEN TO CERTAIN SHAPES OF BOTTLE ARTICLE 18 OF REGULATION NO 997/81 MERELY PROTECTS THE USE OF THE BOTTLE KNOWN AS THE ' ' FLUTE D ' ALSACE ' ' .
16 AS REGARDS THE QUESTION OF BOTTLE SHAPES AND THE PROTECTION WHICH THEY MAY POSSIBLY ENJOY , WHICH IS OF SECONDARY IMPORTANCE IN RELATION TO THE FUNDAMENTAL PRINCIPLES OF A COMMON ORGANIZATION OF THE MARKET , IT IS NOT POSSIBLE TO DEDUCE FROM THE PROVISIONS REGARDING THE PROTECTION OF THE ' ' FLUTE D ' ALSACE ' ' THAT THE COMMUNITY LEGISLATION HAS EXHAUSTED ITS COMPETENCE UNDER ARTICLE 54 , MENTIONED ABOVE . IN THIS REGARD IT MAY ALSO BE NOTED THAT NEGOTIATIONS HAVE BEEN CONDUCTED AT THE COMMUNITY LEVEL FOR SEVERAL YEARS WITH THE AIM OF INTRODUCING RULES FOR POTECTING THE BOCKSBEUTEL BOTTLE AND THAT TO THAT END SEVERAL DRAFT REGULATIONS HAVE BEEN PREPARED BUT WITHOUT SUCCESS . IT THUS APPEARS THAT THE COMMUNITY LEGISLATURE PROTECTING THE ' ' FLUTE D ' ALSACE ' ' IS NOT EXCLUSIVE . THEREFORE ARTICLE 54 ( 1 ) OF REGULATION NO 337/79 ALLOWS THE RULES ADOPTED BY THE MEMBER STATES TO BE MAINTAINED IN THIS FIELD PROVIDED THAT THEY DO NOT CONTRAVENE ARTICLE 30 ET SEQ . OF THE EEC TREATY .
17 IN THOSE CIRCUMSTANCES THE COMMISSION ' S MAIN ARGUMENT MUST BE REJECTED AND THE QUESTIONS OF THE NATIONAL COURT ON THE INTERPRETATION OF ARTICLES 30 AND 36 OF THE TREATY MUST THEREFORE BE ANSWERED .
ARTICLE 30 OF THE EEC TREATY ( FIRST QUESTION )
18 BY THIS QUESTION THE NATIONAL COURT ASKS IN SUBSTANCE WHETHER ARTICLE 30 OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT THE APPLICATION BY A MEMBER STATE TO IMPORTS OF WINE ORIGINATING IN ANOTHER MEMBER STATE OF LEGISLATION ALLOWING A SPECIFIC SHAPE OF BOTTLE TO BE USED ONLY BY CERTAIN NATIONAL PRODUCERS AND MAKING IT AN OFFENCE FOR ANY OTHER SUPPLIER TO USE A SIMILAR BOTTLE CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION .
19 THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY HAS ARGUED THAT THE CONTESTED PROVISION OF THE WEIN-VERORDNUNG DOES NOT COME WITHIN THE SCOPE OF ARTICLE 30 OF THE EEC TREATY AS IT :
DOES NOT CONSTITUTE A