Keywords
Summary

Keywords

Free movement of goods Quantitative restrictions Measures having equivalent effect National rule prohibiting the marketing of a cheese without rind under the designation Emmenthal Application to products imported from another Member State Not permissible Justification None

(EC Treaty, Art. 30 (now, after amendment, Art. 28 EC))

Summary

$$Article 30 of the Treaty (now, after amendment, Article 28 EC) precludes a Member State from applying to products imported from another Member State, where they are lawfully produced and marketed, a national rule prohibiting the marketing of a cheese without rind under the designation Emmenthal in that Member State.

In so far as it is applied to imported products, such legislation is likely to make their marketing more difficult and thus impede trade between Member States. It is true that Member States may, for the purpose of ensuring fair trading and the protection of consumers, require the persons concerned to alter the description of a foodstuff where a product offered for sale under a particular name is so different, in terms of its composition or production, from the products generally understood as falling within that description within the Community that it cannot be regarded as falling within the same category. However, where the difference is of minor importance, appropriate labelling should be sufficient to provide the purchaser or consumer with the necessary information. Even if the difference in the maturing method between Emmenthal with rind and Emmenthal without rind were capable of constituting a factor likely to mislead consumers, it would be sufficient, whilst maintaining the designation Emmenthal, for that designation to be accompanied by appropriate information concerning that difference. In those circumstances, the absence of rind cannot be regarded as a characteristic justifying refusal of the use of the Emmenthal designation.

( see paras 25-26, 30-31, 33-35 and operative part )