Commission of the European Communities v French Republic.
Date: 1988-02-23
7 HOWEVER, ACCORDING TO THE ESTABLISHED CASE-LAW OF THE COURT IT FOLLOWS FROM ARTICLE 30 ET SEQ . OF THE EEC TREATY THAT THE APPLICATION OF NATIONAL LEGISLATION TO PRODUCTS IMPORTED FROM OTHER MEMBER STATES IS COMPATIBLE WITH THE TREATY ONLY IN SO FAR AS IT IS NECESSARY ON GROUNDS OF PUBLIC INTEREST LISTED IN ARTICLE 36, SUCH AS THE EFFECTIVE
PROTECTION OF HUMAN HEALTH, OR IN ORDER TO SATISFY MANDATORY REQUIREMENTS RELATING INTER ALIA TO CONSUMER PROTECTION . IT ALSO FOLLOWS THEREFROM THAT A MEMBER STATE MAY NOT INVOKE THOSE GROUNDS OF PUBLIC INTEREST OR MANDATORY REQUIREMENTS IN ORDER TO JUSTIFY A MEASURE RESTRICTING IMPORTS UNLESS THE SAME OBJECTIVE CANNOT BE ACHIEVED BY ANY OTHER MEASURE WHICH RESTRICTS THE FREE MOVEMENT OF GOODS LESS .
10 IN THAT CONNECTION, IT MUST BE OBSERVED IN THE FIRST PLACE THAT THE FRENCH GOVERNMENT' S CONCERN TO ENSURE THAT CONSUMERS ARE PROPERLY INFORMED ABOUT THE PRODUCTS WHICH THEY CONSUME MAY BE JUSTIFIED . HOWEVER, IN THIS CASE SUCH INFORMATION MAY BE PROVIDED IN PARTICULAR IN THE FORM OF ADEQUATE LABELLING DETAILING THE NATURE, THE INGREDIENTS AND THE CHARACTERISTICS OF THE PRODUCT ON OFFER . AS THE COMMISSION RIGHTLY POINTED OUT, SUCH INFORMATION MAY ALSO BE PROVIDED WHERE THE PRODUCTS ARE SOLD BY DRINK VENDING MACHINES AND IN PRINCIPLE IN CATERING ESTABLISHMENTS . ALTHOUGH THERE MAY BE SOME DIFFICULTIES IN PROVIDING CONSUMERS WITH FULL AND DETAILED INFORMATION WHERE MILK SUBSTITUTES ARE USED IN CATERING, IT SHOULD BE BORNE IN MIND THAT FULL AND DETAILED INFORMATION IS LIKEWISE NOT GIVEN ABOUT THE OTHER INGREDIENTS USED IN THE FOODSTUFFS AND MEALS PROVIDED BY CATERING ESTABLISHMENTS . THERE IS NO PARTICULAR REASON FOR STRICTER CONSUMER INFORMATION WHERE MILK SUBSTITUTES ARE INVOLVED .
11 WITH REGARD TO THE QUESTION OF INFORMATION LIABLE TO MISLEAD CONSUMERS, IT APPEARS FROM THE CASE-LAW OF THE COURT ( JUDGMENT OF 16 DECEMBER 1980 IN CASE 27/80 FIETJE (( 1980 )) ECR 3839 ) THAT NATIONAL MEASURES WHICH ARE NECESSARY IN ORDER TO ENSURE THAT PRODUCTS ARE ACCURATELY DESCRIBED MAY BE ADOPTED WITHOUT INFRINGING THE PRINCIPLE OF
THE FREE MOVEMENT OF GOODS AS LAID DOWN IN ARTICLE 30 ET SEQ . OF THE TREATY PROVIDED THAT THEY AVOID ANY CONFUSION ON THE PART OF CONSUMERS AND ENSURE FAIRNESS IN COMMERCIAL TRANSACTIONS . HENCE COMMUNITY LAW DOES NOT PRECLUDE A NATIONAL MEASURE SECURING ACCURATE CONSUMER INFORMATION AND THEREBY AVOIDING ANY CONFUSION . HOWEVER, THE MEASURE IN QUESTION IN THIS CASE GOES BEYOND THAT .
16 AS REGARDS THE HARMFUL EFFECT OF MILK SUBSTITUTES ON CERTAIN GROUPS OF THE POPULATION, THE COMMISSION RIGHTLY POINTED OUT THAT MILK PRODUCTS ALSO POSE RISKS TO PEOPLE SUFFERING FROM CERTAIN DISEASES AND, SECONDLY, THAT THERE IS MANIFESTLY DISAGREEMENT BETWEEN SPECIALISTS AS
TO THE ACTUAL AND POTENTIAL DANGERS TO HUMAN HEALTH OF ANIMAL AND VEGETABLE FATS . IN THAT CONNECTION, IT MUST BE POINTED OUT THAT APPROPRIATE LABELLING INFORMING CONSUMERS ABOUT THE NATURE, THE INGREDIENTS AND THE CHARACTERISTICS OF THE MILK SUBSTITUTES ON OFFER WOULD ENABLE PERSONS LIABLE TO BE ADVERSELY AFFECTED BY VEGETABLE FATS OR OTHER CONSTITUENTS OF THE MILK SUBSTITUTES TO DECIDE FOR THEMSELVES AS TO WHETHER TO USE THEM .
18 AS FOR THE FRENCH GOVERNMENT' S ARGUMENT THAT THE PROHIBITION ON THE MARKETING OF MILK SUBSTITUTES IN FRANCE IS CONSONANT WITH THE COMMON AGRICULTURAL POLICY, IT MUST FIRST BE OBSERVED THAT MILK PRODUCTS ARE SUBJECT TO A COMMON ORGANIZATION OF THE MARKET, WHICH IS DESIGNED TO STABILIZE THE MILK MARKET, INTER ALIA BY MEANS OF INTERVENTION MEASURES . IT APPEARS FROM THE ESTABLISHED CASE-LAW OF THE COURT THAT ONCE THE COMMUNITY HAS ESTABLISHED A COMMON MARKET ORGANIZATION IN A PARTICULAR SECTOR, THE MEMBER STATES MUST REFRAIN FROM TAKING ANY UNILATERAL MEASURE WHICH CONSEQUENTLY FALLS WITHIN THE COMPETENCE OF THE COMMUNITY .
IT IS THEREFORE FOR THE COMMUNITY AND NOT FOR A MEMBER STATE TO SEEK A SOLUTION TO THIS PROBLEM IN THE CONTEXT OF THE COMMON AGRICULTURAL POLICY .
19 IN THIS CONNECTION, IT MUST BE ADDED THAT, EVEN IF THEY SUPPORT A COMMON POLICY OF THE COMMUNITY, NATIONAL MEASURES MAY NOT CONFLICT WITH ONE OF THE FUNDAMENTAL PRINCIPLES OF THE COMMUNITY - IN THIS CASE THAT OF THE FREE MOVEMENT OF GOODS - UNLESS THEY ARE JUSTIFIED BY REASONS RECOGNIZED BY COMMUNITY LAW .