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Document 61978CJ0013

Summary of the Judgment

Judgment of the Court of 12 October 1978.
Joh. Eggers Sohn & Co. v Freie Hansestadt Bremen.
Reference for a preliminary ruling: Verwaltungsgericht der Freien Hansestadt Bremen - Germany.
Designations for quality of spirits.
Case 13/78.

Keywords
Summary

Keywords

1 . PRELIMINARY QUESTION - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ART . 177 )

2 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION - SCOPE

( EEC TREATY , ART . 30 )

3 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - DESIGNATION OF QUALITY INDICATIVE NEITHER OF ORIGIN NOR OF SOURCE - DESIGNATION LINKED TO THE COMPLETION OF THE PRODUCTION PROCESS ON NATIONAL TERRITORY - PROHIBITION - EXCEPTION WITHIN THE MEANING OF ARTICLE 36 OF THE TREATY - NOT APPLICABLE

( EEC TREATY , ARTS . 30 AND 36 ; COMMISSION DIRECTIVE NO 70/50 , ART . 2 ( 3 ) ( S )

Summary

1 . ALTHOUGH THE COURT HAS NO JURISDICTION WITHIN THE FRAMEWORK OF THE APPLICATION OF ARTICLE 177 OF THE TREATY TO DECIDE UPON THE COMPATIBILITY OF A NATIONAL PROVISION WITH COMMUNITY LAW , IT MAY NEVERTHELESS EXTRACT FROM THE WORDING OF THE QUESTION FORMULATED BY THE NATIONAL COURT , HAVING REGARD TO THE FACTS STATED BY THE LATTER , THOSE ELEMENTS WHICH COME WITHIN THE INTERPRETATION OF COMMUNITY LAW .

2 . FOR THE PURPOSES OF THE PROHIBITION OF MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS , IT IS SUFFICIENT THAT THE MEASURES IN QUESTION ARE LIKELY TO HINDER , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , IMPORTS BETWEEN MEMBER STATES .

3 . MEASURES ADOPTED BY A MEMBER STATE WHICH MAKE THE USE IN CONNEXION WITH A HOME-PRODUCED PRODUCT OF A DESIGNATION OF QUALITY - EVEN WHERE SUCH DESIGNATION IS OPTIONAL - WHICH IS INDICATIVE NEITHER OF ORIGIN NOR OF SOURCE WITHIN THE MEANING OF ARTICLE 2 ( 3 ) ( S ) OF COMMISSION DIRECTIVE NO 70/50/EEC OF 22 DECEMBER 1969 SUBJECT TO THE REQUIREMENT THAT ONE OR MORE STAGES OF THE PRODUCTION PROCESS PRIOR TO THE PREPARATION OF THE FINISHED PRODUCT HAVE BEEN CARRIED OUT ON NATIONAL TERRITORY ARE MEASURES HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WHICH ARE PROHIBITED BY ARTICLE 30 OF THE TREATY AND NOT JUSTIFIED BY ARTICLE 36 THEREOF .

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