Keywords
Summary

Keywords

1. Approximation of laws - Prepackaging of liquids - Directive 75/106, as amended - Partial harmonisation - Prohibition by Member States of the marketing of any prepackage having a nominal value not mentioned in Annex III, Column I, to the directive - Not permissible

(Council Directive 75/106, as amended by Directives 79/1005, 85/10, 88/316 and 89/676, Annex III, Column I)

2. Free movement of goods - Quantitative restrictions - Measures having equivalent effect - National rules prohibiting the marketing of prepackages having a nominal volume not included in the Community range, as amended by Directives 79/1005, 85/10, 88/316 and 89/676 - Not permissible - Justification - Consumer protection - Conditions - Assessment by the national court

(EC Treaty, Art. 30 (now, after amendment, Art. 28 EC); Council Directive 75/106, as amended by Directives 79/1005, 85/10, 88/316 and 89/676, Annex III, Column I)

Summary

1. Directive 75/106 on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids, amended by Directives 79/1005, 85/10, 88/316 and 89/676, must be construed as not allowing Member States to prohibit the marketing of any prepackage having a nominal volume which is not mentioned in Annex III, Column I, to that directive.

Although Directive 75/106, as originally drafted, undertook full harmonisation of the national regulations in question, once it had been amended by Directive 79/1005 it became a directive of partial harmonisation.

( see paras 42, 43, 57 and operative part )

2. Article 30 of the Treaty (now, after amendment, Article 28 EC) must be construed as precluding a Member State from prohibiting the marketing of a prepackage having a nominal volume not included in the Community range set out in Directive 75/106 on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids, amended by Directives 79/1005, 85/10, 88/316 and 89/676, which is lawfully manufactured and marketed in another Member State, unless such a prohibition is designed to meet an overriding requirement relating to consumer protection, applies without distinction to national and imported products alike, is necessary in order to meet the requirement in question and is proportionate to the objective pursued, and that objective cannot be achieved by measures which are less restrictive of intra-Community trade.

In order to determine whether there is in fact a risk that consumers will be misled by excessively close nominal volumes of the same liquid, a national court must have regard to all relevant factors, taking as its reference point the average consumer, reasonably well informed and reasonably observant and circumspect.

( see paras 51-53, 57 and operative part )