CELEX: C2001/200/12
Language: en
Date: 2001-07-14 00:00:00
Title: Judgment of the Court (Third Chamber) of 5 April 2001 in Case C-123/00 (reference for a preliminary ruling from the Tribunal de première instance de Bruxelles: criminal proceedings against Christina Bellamy and English Shop Wholesale SA (Free movement of goods — Measures having an effect equivalent to a quantitative restriction — Marketing of bread — Advertising of foodstuffs)

14.7.2001               EN                      Official Journal of the European Communities                                             C 200/7
                 JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                        (Second Chamber)                                                             (Third Chamber)
                                                                                                      of 5 April 2001
                          of 5 April 2001
                                                                           in Case C-123/00 (reference for a preliminary ruling from
in Case C-100/00: Commission of the European Communi-                      the Tribunal de première instance de Bruxelles: criminal
                     ties v Italian Republic (1)                           proceedings against Christina Bellamy and English Shop
                                                                                                      Wholesale SA (1)
(Failure by a Member State to fulfil its obligations —
Undisputed failure — Directive 73/23/EEC — Electric water                  (Free movement of goods — Measures having an effect
    heaters — Conditions not prescribed by the directive)                  equivalent to a quantitative restriction — Marketing of
                                                                                          bread — Advertising of foodstuffs)
                          (2001/C 200/11)
                                                                                                      (2001/C 200/12)
                    (Language of the case: Italian)                                             (Language of the case: French)
(Provisional translation; the definitive translation will be published     (Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                              in the European Court Reports)
In Case C-100/00: Commission of the European Communities                   In Case C-123/00: reference to the Court under Article 234
(Agents: R.B. Wainwright and G. Bisogni) v Italian Republic                EC from the Tribunal de première instance de Bruxelles (Court
(Agent: U. Leanza, assisted by G. Aiello) — application for a              of First Instance, Brussels, Belgium), for a preliminary ruling in
declaration that, by subjecting electric storage water heaters             the criminal proceedings before that court against Christina
to safety conditions not prescribed by Council Directive                   Bellamy and English Shop Wholesale SA — on the interpret-
73/23/EEC of 19 February 1973 on the harmonisation of the                  ation of Articles 28 EC and 30 EC — the Court (Third
laws of Member States relating to electrical equipment designed            Chamber), composed of: C. Gulmann (Rapporteur), President
for use within certain voltage limits (OJ 1973 L 77, p. 29), and           of the Chamber, F. Macken and J.N. Cunha Rodrigues, Judges;
thus not recognising the presumption of compliance with the                D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
safety conditions of products manufactured in accordance                   has given a judgment on 5 April 2001, in which it has ruled:
with standard EN 60335-2-21, the Italian Republic has failed
to fulfil its obligations under Community law — the Court                  1.    A rule of a Member State prohibiting the marketing of bread
(Second Chamber), composed of: V. Skouris, President of the                      and other bakery products whose salt content by reference to the
Chamber, R. Schintgen and N. Colneric (Rapporteur), Judges;                      dry matter exceeds the maximum permitted level of 2 %, when
F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a                  applied to products which have been lawfully manufactured and
judgment on 5 April 2001, in which it:                                           marketed in another Member State, constitutes a measure
                                                                                 having equivalent effect to a quantitative restriction within the
1.    Declares that, by subjecting electric storage water heaters to             meaning of Article 28 EC.
      safety conditions not prescribed by Council Directive
      73/23/EEC of 19 February 1973 on the harmonisation of the                  Such a rule is likely to hinder trade between Member States and
      laws of Member States relating to electrical equipment designed            cannot be regarded as justified under Article 30 EC on the
      for use within certain voltage limits, and thus not recognising            ground of protecting public health.
      the presumption of compliance with the safety conditions of
      products manufactured in accordance with standard EN                 2.    Article 28 EC does not preclude a national rule which prohibits
      60335-2-21, the Italian Republic has failed to fulfil its                  giving the impression that the branded product possesses
      obligations under that directive;                                          particular qualities when in fact all similar foodstuffs display
                                                                                 the same qualities.
2.    Orders the Italian Republic to pay the costs.
(1) OJ C 149 of 27.5.2000.                                                 (1) OJ C 149 of 27.5.2000.