CELEX: C1995/229/18
Language: en
Date: 1995-09-02 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 6 July 1995 in Case C-470/93 (reference for a preliminary ruling from the Landgericht Köln): Verein gegen Unwesen in Handel und Gewerbe Köln eV v. Mars GmbH (Free movement of goods - Measures having an effect equivalent to quantitative restrictions - Presentation of a product likely to restrict freedom to fix retail prices and mislead the consumer)

No C 229/10             EN                   Official Journal of the European Communities                                       2 . 9 . 95
4. a taxable person may claim, with retroactive effect from             (b) on the ground that the new presentation gives the
      the date on which the national legislation contrary to the               impression to the consumer that the volume and the
      Sixth Directive came into force, a refund of VAT paid                    weight of the product have been considerably
      without being due, by following the procedural rules                     increased.
      laid down by the domestic legal system of the Member
      State concerned, provided that those rules are not less
      favourable than those relating to similar, domestic               ( ] ) OJ No C 43 , 12 . 2 . 1994 .
      actions nor framed in a way such as to render virtually
      impossible the exercise of rights conferred by
      Community law.
(') OJ No C 124, 6 . 5 . 1993 .
( 2 ) OJ No L 145 , 13 . 6 . 1977, p . 1 .
                                                                                            ORDER OF THE COURT
                                                                                                   ( First Chamber )
                                                                                                   of 28 June 1995
                                                                        in Case C-258/94 P: Paulo Branco v. Court of Auditors of
                                                                                          the European Communities ( 1 )
                JUDGMENT OF THE COURT                                                    (Appeal manifestly inadmissible)
                          (Fifth Chamber)                                                             95/C 229/ 19
                            of 6 July 1995
in Case C-470/93 ( reference for a preliminary ruling from
the Landgericht Köln ): Verein gegen Unwesen in Handel                                  (Language of the case: Portuguese)
           und Gewerbe Köln eV v. Mars GmbH ( 1 )
 (Free movement of goods — Measures having an effect
equivalent to quantitative restrictions — Presentation of a              (Provisional translation; the definitive translation will be
product likely to restrict freedom to fix retail prices and                        published in the European Court Reports)
                     mislead the consumer)
                             ( 95/C 229/18 )
                                                                         In Case C-25 8/94 P : Paulo Branco, an official of the Court of
                                                                         Auditors of the European Communities, and subsequently
                 (Language of the case: German)                          of the Commission of the European Communities, resident
                                                                         in Brussels, represented by Raoul Wagener and David
                                                                         M. Travessa Mendes, both of the Luxembourg Bar, 6-12,
 In Case C-470/93 : reference to the Court under Article 177             Place d'Armes, Luxembourg — appeal against the order of
 of the EC Treaty by the Landgericht Koln ( Germany ) for a              the Court of First Instance of the European Communities of
 preliminary ruling in the proceedings pending before that               20 July 1994 in CaseT-45/93 between Paulo Branco and the
 court between Verein gegen Unwesen in Handel und                         Court of Auditors of the European Communities ([ 1994]
 Gewerbe Koln eV v. Mars GmbH — on the interpretation of                 ECR-SC 11-641 ), seeking to have that order set aside, the
 Article 30 of the EC Treaty, the Court ( Fifth Chamber ),               other party to the proceedings being the Court of Auditors
 composed of: C. Gulmann ( Rapporteur ), President of the                 of the European Communities ( Agents : Jean-Marie Stenier
 Chamber, P. Jann, J. C. Moitinho de Almeida, D. A. O.                    and Jan Inghelram ) — the Court ( First Chamber ), composed
 Edward and L. Sevon, Judges; P. Leger, Advocate-General;                 of: P. Jann , President of the Chamber ( Rapporteur ), D. A. O.
 H. A. Riihl , Principal Administrator, has given a judgment              Edward and L. Sevon, Judges; A. M. La Pergola,
 on 6 July 1995 , in which it rules :                                     Advocate-General; R. Grass, Registrar , made an order on
                                                                          28 June 1995 , the operative part of which is as follows :
 Article 30 ofthe EC Treaty is to be interpreted as precluding
 a national measure from prohibiting the importation and                  1 . the appeal is dismissed;
 marketing of a product lawfully marketed in another
 Member State, the quantity of which was increased during a
 short publicity campaign and the wrapping of which bears                 2 . the appellant is ordered to pay the costs.
  the marking '+ 10% ':
                                                                          (') OJ No C 331 , 26 . 11 . 1994 .
  (a) on the ground that that presentation may induce the
        consumer into thinking that the price of the goods
        offered is the same as that at which the goods had
        previously been sold in their old presentation;