Keywords
Summary

Keywords

Free movement of goods — Quantitative restrictions — Measures having equivalent effect — National legislation prohibiting the marketing as chocolate of cocoa and chocolate products containing fats other than cocoa butter and lawfully manufactured in the Member State of production — Not permissible — Whether justifiable — Protection of consumers — No justification — (Art. 30 of the EC Treaty (now, after amendment, Art. 28 EC); Council Directive 73/241)

Summary

A Member State is in breach of its obligations under Article 30 of the Treaty (now, after amendment, Article 28 EC) where it prohibits cocoa and chocolate products which comply with the minimum content requirements for cocoa and cocoa butter, laid down in point 1.16 of Annex I to Directive 73/241 on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption to which vegetable fats other than cocoa butter have been added, and which are lawfully manufactured in Member States that authorise the addition of such fats, from being marketed in its territory as "chocolate" , the name under which they are marketed in the Member State of production.

Such legislation cannot be justified as being necessary in order to satisfy overriding requirements relating inter alia to consumer protection. The addition to cocoa and chocolate products of vegetable fats other than cocoa butter does not substantially alter their composition or their nature, so that they retain the characteristics expected by consumers buying products bearing the name "chocolate" . The inclusion in the label of a neutral and objective statement informing consumers of the presence in the product of vegetable fats other than cocoa butter is sufficient to ensure that consumers are given correct information.

see paras 83, 87-88, 92-93, 98, operative part