TO PROOF OF THE ENTITLEMENT TO THE DESIGNATION OF ORIGIN OF SPIRITS IMPORTED INTO BELGIUM .
30AS APPEARS FROM THE WORDING OF ARTICLE 1 OF THE ARRETE MINISTERIEL , IT ESTABLISHED TWO SYSTEMS OF PROOF , ACCORDING TO WHETHER THE PRODUCTS IN QUESTION WERE IMPORTED DIRECTLY OR INDIRECTLY FROM THE COUNTRY OF ORIGIN .
31SINCE THE COMMISSION TOOK THE VIEW THAT ALL THAT THOSE PROVISIONS DID WAS TO RENDER MORE EXPLICIT THE AMENDMENTS TO ARTICLE 1 OF THE ROYAL DECREE NO 57 CONTEMPLATED BY THE BELGIAN GOVERNMENT IN ITS LETTER OF 5 MARCH 1976 , IT BROUGHT THE PRESENT ACTION AGAINST THE KINGDOM OF BELGIUM FOR FAILURE TO FULFIL ITS OBLIGATIONS .
32IN VIEW OF THE ABOVE-MENTIONED CIRCUMSTANCES IT IS RIGHT TO CONSIDER THE CONCLUSIONS OF THE COMMISSION AS REFERRING NOT ONLY TO THE ARRETE MINISTERIEL OF 2 DECEMBER 1976 BUT ALSO TO THE ROYAL DECREE NO 57 .
33REPEAL OF THE ARRETE MINISTERIEL AFTER THE ACTION WAS BROUGHT HAS THEREFORE NOT DEPRIVED THE LATTER OF ITS PURPOSE .
34IT THEREFORE FOLLOWS THAT THE ACTION IS ADMISSIBLE .
SUBSTANCE
35IT SHOULD BE RECALLED THAT THE PROVISIONS OF ARTICLE 1 OF THE SAID ROYAL DECREE WERE AT THE ROOT OF THE REFERENCE FOR A PRELIMINARY RULING BY THE TRIBUNAL DE PREMIERE INSTANCE OF BRUSSELS IN CASE 8/74 PROCUREUR DU ROI V BENOIT AND GUSTAVE DASSONVILLE , WHICH ASKED WHETHER A NATIONAL PROVISION PROHIBITING THE IMPORT OF GOODS BEARING A DESIGNATION OF ORIGIN WHERE SUCH GOODS ARE NOT ACCOMPANIED BY AN OFFICIAL DOCUMENT ISSUED BY THE GOVERNMENT OF THE EXPORTING COUNTRY CERTIFYING THEIR RIGHT TO SUCH DESIGNATION CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY .
36IN ITS JUDGMENT OF 11 JULY 1974 GIVEN IN THAT CASE (( 1974 ) ECR 837 ) THE COURT RULED :
' ' THE REQUIREMENT BY A MEMBER STATE OF A CERTIFICATE OF AUTHENTICITY WHICH IS LESS EASILY OBTAINABLE BY IMPORTERS OF AN AUTHENTIC PRODUCT WHICH HAS BEEN PUT INTO FREE CIRCULATION IN A REGULAR MANNER IN ANOTHER MEMBER STATE THAN BY IMPORTERS OF THE SAME PRODUCT COMING DIRECTLY FROM THE COUNTRY OF ORIGIN CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION AS PROHIBITED BY THE TREATY . ' '
37IN THE GROUNDS OF THAT JUDGMENT THE COURT ADDED THAT IN THE ABSENCE OF A COMMUNITY SYSTEM GUARANTEEING FOR CONSUMERS THE AUTHENTICITY OF A PRODUCT ' S DESIGNATION OF ORIGIN , IF A MEMBER STATE TAKES MEASURES TO PREVENT UNFAIR PRACTICES IN THIS CONNEXION IT IS , HOWEVER , SUBJECT TO THE CONDITION THAT THOSE MEASURES SHOULD BE REASONABLE AND THAT THE MEANS OF PROOF REQUIRED SHOULD NOT ACT AS A HINDRANCE TO TRADE BETWEEN MEMBER STATES AND SHOULD , IN CONSEQUENCE , BE ACCESSIBLE TO ALL COMMUNITY NATIONALS .
38THE ESSENTIAL QUESTION TO BE RESOLVED IS THEREFORE WHETHER THE MEASURES TAKEN BY THE KINGDOM OF BELGIUM TO ENSURE THE AUTHENTICITY OF SPIRITS BEARING A DESIGNATION OF ORIGIN IMPORTED INTO BELGIUM