30.4.2011

Official Journal of the European Union

C 130/3

(Case C-161/09) (<span class="super">1</span>)

(Free movement of goods - Measures having an effect equivalent to quantitative restrictions - Currants - National legislation aimed at protecting the quality of the product - Restrictions imposed on marketing according to different areas of production - Justification - Proportionality)

2011/C 130/05

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicant: Kakavetsos-Fragkopoulos AE Epexergasias kai Emporias Stafidas, formerly K. Fragkopoulos kai SIA OE

Defendant: Normarchiaki Aftodioikisi Korinthias

intervening parties: Ypourgos Georgias, Enosis Agrotikon Synaiterismon Aigialeias tou Nomou Achaïas

Re:

Reference for a preliminary ruling — Simvoulio tis Epikratias — Free movement of goods — Quantitative restrictions on exports– Measures having equivalent effect — National legislation distinguishing between regions producing dried grapes according to their quality — Prohibition on bringing drying grapes from Region B, where the drying grapes are of inferior quality, into Region A, where they are of superior quality, to be processed and marketed — Prohibition on bringing into Region A best drying grapes from a particular area of that region to be processed and marketed — Compatibility with Articles 29 EC and 30 EC

Operative part of the judgment

Article 29 EC must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which lays down an absolute prohibition on bringing in, storing, processing and packing for export dried grapes both as between the two sub-areas of area A and as between the second sub-area of area A and area B, since it does not enable the legitimate objectives pursued to be met consistently and goes beyond what is necessary to ensure the attainment of those objectives.

(<span class="super">1</span>) OJ C 153, 4.7.2009.