PACKAGING OF THE PRODUCTS IN QUESTION , OBSTACLES TO FREE TRADE WITHIN THE COMMUNITY DUE TO DISPARITIES BETWEEN NATIONAL RULES MUST BE ACCEPTED IN SO FAR AS SUCH RULES ARE APPLICABLE TO DOMESTIC AND IMPORTED PRODUCTS ALIKE AND MAY BE JUSTIFIED AS BEING NECESSARY TO SATISFY MANDATORY REQUIREMENTS RELATING IN PARTICULAR TO CONSUMER PROTECTION AND FAIR TRADING .
11 IN THIS REGARD IT MUST BE BORNE IN MIND THAT , AS THE COURT HELD IN ITS JUDGMENT IN PRANTL , CITED ABOVE , THE JUSTIFICATION FOR ADOPTING LEGISLATION DESIGNED TO PREVENT CUSTOMERS FROM CONFUSING WINES AND PRODUCTS OF DIFFERENT QUALITY AND ORIGIN CANNOT IN PRINCIPLE BE DENIED . THAT CONCERN IS PARTICULARLY WORTHY WHERE TRADITIONS AND SPECIAL CHARACTERISTICS PLAY AN IMPORTANT ROLE . NEVERTHELESS , IT MUST BE OBSERVED THAT IN A COMMON MARKET SYSTEM CONSUMER PROTECTION AND FAIR TRADING AS REGARDS THE PRESENTATION OF WINES AND PRODUCTS GOVERNED BY THE COMMON ORGANIZATION OF THE MARKET IN WINE MUST BE GUARANTEED WITH REGARD ON ALL SIDES FOR THE FAIR AND TRADITIONAL PRACTICES OBSERVED IN THE VARIOUS MEMBER STATES .
12 AS REGARDS THE ARGUMENT OF CONSUMER PROTECTION PUT FORWARD BY THE FEDERAL GERMAN GOVERNMENT , IT MUST BE POINTED OUT THAT THE PROVISIONS OF COMMUNITY LAW ON THE LABELLING OF WINES AND PRODUCTS GOVERNED BY THAT COMMON ORGANIZATION OF THE MARKET , IN PARTICULAR ARTICLES 22 AND 23 OF REGULATION NO 355/79 CONCERNING THE DESCRIPTION AND LABELLING OF PRODUCTS OTHER THAN TABLE WINES AND QUALITY WINES PRODUCED IN A SPECIFIC REGION , ARE EXCEPTIONALLY DETAILED AND THUS SHOULD PREVENT THE CONFUSION THAT IS FEARED . FROM THAT POINT OF VIEW , THE FACT THAT THE LABELS ON BOTTLES OF ' PETILLANT DE RAISIN ' SHOW THE EXACT NATURE OF THE PRODUCT AND STATE THAT ITS ALCOHOLIC STRENGTH BY VOLUME IS LESS THAN 3% IS SUFFICIENT TO PREVENT ANY CONFUSION IN THE MINDS OF CONSUMERS .
13 IN REPLY TO THE FEDERAL GOVERNMENT ' S FURTHER ARGUMENT THAT THE LEGISLATION IN QUESTION ACCORDS WITH A NUMBER OF COMMUNITY REGULATIONS AND DIRECTIVES AND WITH INTERNATIONAL AGREEMENTS IT NEED ONLY BE POINTED OUT THAT THE AIM OF ALL THOSE PROVISIONS IS TO PROHIBIT MISREPRESENTATION OR FORMS OF PRESENTATION LIKELY TO MISLEAD CONSUMERS . THEY DO NOT PERMIT A MEMBER STATE TO DISREGARD THE FUNDAMENTAL PRINCIPLE OF THE FREE MOVEMENT OF GOODS AND TO RESTRICT CERTAIN BOTTLE SHAPES OR TYPES OF PRESENTATION TO A LIMITED NUMBER OF BEVERAGES WHEN CONSUMERS MAY BE PROVIDED WITH PROPER INFORMATION BY APPROPRIATE LABELLING .
14 AS REGARDS THE FEDERAL GOVERNMENT ' S ARGUMENT CONCERNING FAIR TRADING , IT MUST BE BORNE IN MIND , AS IS CLEAR FROM THE DOCUMENTS AND ORAL ARGUMENTS SUBMITTED TO THE COURT , THAT :
( I ) SINCE PRODUCTION BEGAN IN 1956 , ' PETILLANT DE RAISIN ' HAS BEEN LAWFULLY AND CONTINUOUSLY MARKETED IN FRANCE AND OTHER MEMBER STATES IN ITS ORIGINAL PRESENTATION CONSISTING OF THE TRADITIONAL CHAMPAGNE-TYPE BOTTLE WITH ITS TRADITIONAL STOPPER . IT CANNOT THEREFORE BE MAINTAINED THAT SUCH