CELEX: C2007/315/16
Language: en
Date: 2007-12-22 00:00:00
Title: Case C-457/05: Judgment of the Court (Fourth Chamber) of 4 October 2007 (reference for a preliminary ruling from the Landgericht Wiesbaden — Germany) — Schutzverband der Spirituosen-Industrie eV v Diageo Deutschland GmbH (Free movement of goods — Directive 75/106/EEC — Approximation of the laws of the Member States — Liquids in prepackages — Making up by volume — Article 5(3)(b) and (d) — Baileys Minis — Marketing in prepackages with a nominal volume of 0,071 litre)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/10
            
         Judgment of the Court (Fourth Chamber) of 4 October 2007 (reference for a preliminary ruling from the Landgericht Wiesbaden — Germany) — Schutzverband der Spirituosen-Industrie eV v Diageo Deutschland GmbH
   (Case C-457/05) (1)
   
   (Free movement of goods - Directive 75/106/EEC - Approximation of the laws of the Member States - Liquids in prepackages - Making up by volume - Article 5(3)(b) and (d) - Baileys Minis - Marketing in prepackages with a nominal volume of 0,071 litre)
   (2007/C 315/16)
   Language of the case: German
   Referring court
   Landgericht Wiesbaden
   Parties to the main proceedings
   
      Applicant: Schutzverband der Spirituosen-Industrie eV
   
      Defendant: Diageo Deutschland GmbH
   Re:
   Preliminary ruling — Landgericht Wiesbaden — Interpretation of Articles 28 EC and 30 EC — Validity of the second sentence of the second paragraph of Article 5(3)(b), in conjunction with Article 5(3)(d) and Annex III, section 4, of Council Directive 75/106/EEC of 19 December 1974 on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids (OJ 1975 L 42, p. 1), as amended — Prohibition on the marketing in other Member States of alcoholic drinks in packaging with a volume of 0,071 litre which are lawfully manufactured and marketed in Ireland or the United Kingdom — Baileys Minis
   Operative part of the judgment
   On a proper construction of Article 5(3)(b) of Council Directive 75/106/EEC of 19 December 1974 on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids, as amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, prepackages with a nominal volume of 0,071 litre which contain one of the products listed in section 4 of Annex III to that directive and which are lawfully manufactured and marketed in Ireland or the United Kingdom may also be marketed in the other EC Member States.
   The final sentence of the second subparagraph of Article 5(3)(b) of Directive 75/106, as amended by that act, read in conjunction with Article 5(3)(d) thereof is invalid in so far as it excludes the nominal volume of 0,071 litre from the harmonised Community range of nominal volumes appearing in column I of section 4 of Annex III to that directive.
   
      (1)  OJ C 131, 3.6.2007.