Avis juridique important

61988J0052

European Court reports 1989 Page 01137 Pub.RJ Page Pub somm

Summary

Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Prohibition on the marketing of foodstuffs containing more than a given quantity of a particular ingredient - Not permissible - Justification - Fairness of commercial transactions - Consumer protection - Conditions - Application of less restrictive measures ( EEC Treaty, Art . 30 )

A prohibition by a Member State on the marketing in its territory of certain foodstuffs containing more than a given quantity of a given ingredient and originating in another Member State where they were lawfully produced and marketed cannot be justified on the ground of mandatory requirements relating to the fairness of commercial transactions and consumer protection unless those objectives cannot be attained by means which restrict the free movement of goods less ( line of authority; see, most recently, judgment of 2 February 1989 in Case 274/87 Commission v Germany (( 1989 )) ECR 229 ).

Parties

In Case 52/88

Commission of the European Communities, represented by René Barents, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, also a member of its Legal Department, Wagner Centre, Kirchberg,

applicant,

Kingdom of Belgium, represented by the Minister for External Relations, represented by J . Devadder, conseiller adjoint, with an address for service in Luxembourg at the Belgian Embassy,

defendant,

APPLICATION for a declaration that, by not permitting the sale in its territory of prepared meat and meat preparations containing more than a given quantity of edible gelatine which are lawfully produced and marketed in other Member States, the Kingdom of Belgium has failed to fulfil its obligations under Article 30 of the EEC Treaty,

composed of : O . Due, President, T . Koopmans, R . Joliet and F . Grévisse ( Presidents of Chambers ), Sir Gordon Slynn, C . N . Kakouris, J . C . Moitinho de Almeida, G . C . Rodríguez Iglesias and M . Diéz de Velasco, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1)Declares that, by not permitting the sale in its territory of prepared meat and meat preparations containing more than a given quantity of edible gelatine which originate in another Member State where they were lawfully produced and marketed, the Kingdom of Belgium has failed to fulfil its obligations under Article 30 of the EEC Treaty;

( 2 ) Orders the Kingdom of Belgium to pay the costs.