Keywords
Summary

Keywords

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1. Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Prohibition ° Scope

(EEC Treaty, Art. 30)

2. Approximation of laws ° Crystal glass ° Directive 69/493 ° Obligation to use, for products falling within certain lower categories, their description only in the language of the country in which the goods are finally marketed ° Requirement within the limits of the discretion of the Community legislature and compatible with Article 30 of the Treaty

(EEC Treaty, Art. 30; Council Directive 69/493, Annex I, column (c))

Summary

1. The prohibition of quantitative restrictions and of all measures having equivalent effect applies not only to national measures but also to measures adopted by the Community institutions.

2. By requiring, in the explanatory note in column (c) of Annex I to Directive 69/493 on the approximation of the laws of the Member States relating to crystal glass, for products in categories 3 and 4 (crystallin and crystal glass), that only the descriptions in the language or languages of the country in which the goods are marketed are to be used the Council has not exceeded the limits of its discretion in the framework of its powers of harmonization.

While such a requirement constitutes a barrier to intra-Community trade in so far as products coming from other Member States have to be given different labelling causing additional packaging costs, it is justified by considerations relating to consumer protection since, for the two categories of glass in question, which are lower categories than full lead crystal and lead crystal, the difference in the quality of the glass used is not easily discernible to the average consumer and it is therefore necessary for him to be given the clearest information possible as to what he is buying so that he does not confuse a product in categories 3 and 4 with a product in the higher categories and consequently that he does not pay too much. That requirement cannot be regarded as disproportionate to the goal pursued in so far as it does not appear that adequate protection for the consumer could have been achieved by different, less constrictive measures.

Moreover, in view of the justification for it, compliance with the linguistic requirement in question must necessarily be assessed with regard to the final consumer, irrespective of the place where the goods are first marketed; consequently the words "country in which the goods are marketed" refers to the Member State in which the goods are finally marketed.