Keywords
Summary

Keywords

1 . ACTION FOR FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - SUBJECT-MATTER OF THE DISPUTE - AMENDMENT DURING THE ORAL PROCEDURE - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION - WHETHER SUBJECT TO THE PRIOR APPROXIMATION OF LAWS - NOT SO SUBJECT

( EEC TREATY , ARTS 30 AND 100 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - LEGISLATION APPLICABLE TO NATIONAL AND IMPORTED PRODUCTS ALIKE - PROTECTIVE EFFECT FAVOURING A TYPICALLY NATIONAL PRODUCT - PROHIBITION

( EEC TREATY , ART . 30 )

4 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - LEGISLATION RESTRICTING THE DESIGNATION ' ' VINEGAR ' ' TO WINE-VINEGAR ALONE - NOT PERMISSIBLE

( EEC TREATY , ART . 30 )

5 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION AGAINST IMPORTING AND MARKETING VINEGARS OF AGRICULTURAL ORIGIN OTHER THAN THOSE OBTAINED FROM THE ACETIC FERMENTATION OF WINE - DESIGNATION ' ' VINEGAR ' ' RESTRICTED TO WINE-VINEGAR

( EEC TREATY , ART . 30 )

Summary

1 . THE COMMISSION CANNOT BE PERMITTED DURING THE ORAL PROCEDURE TO WIDEN THE SCOPE OF AN AMBIGUOUSLY WORDED APPLICATION TO ESTABLISH THE FAILURE OF A STATE TO FULFIL AN OBLIGATION TO INCLUDE AN ISSUE WHICH WAS EXPRESSLY EXCLUDED FROM THE BEGINNING OF THE PROCEDURE INSTITUTED UNDER ARTICLE 169 AND WHICH WAS NOT CONSIDERED BY THE PARTIES , EITHER BEFORE OR DURING THE WRITTEN PROCEDURE BEFORE THE COURT .

2 . THE FUNDAMENTAL PRINCIPLE OF A UNIFIED MARKET AND ITS COROLLARY , THE FREE MOVEMENT OF GOODS , MAY NOT UNDER ANY CIRCUMSTANCES BE MADE SUBJECT TO THE CONDITION THAT THERE SHOULD FIRST BE AN APPROXIMATION OF NATIONAL LAWS FOR IF THAT CONDITION HAD TO BE FULFILLED THE PRINCIPLE WOULD BE REDUCED TO A MERE CIPHER . MOREOVER THE PURPOSES OF ARTICLES 30 AND 100 ARE DIFFERENT .

IT FOLLOWS THAT THE FACT THAT THERE ARE NO COMMON RULES OR HARMONIZATION DIRECTIVES ON THE PRODUCTION AND MARKETING OF SPECIFIC GOODS IS NOT SUFFICIENT TO REMOVE NATIONAL LEGISLATION GOVERNING THEM FROM THE SCOPE OF THE PROHIBITION ENACTED IN ARTICLE 30 OF THE TREATY .

3 . EVEN IF NATIONAL LEGISLATION ON THE MARKETING OF A PRODUCT APPLIES TO NATIONAL AND IMPORTED PRODUCTS ALIKE IT DOES NOT ESCAPE THE PROHIBITION ENACTED IN ARTICLE 30 OF THE TREATY IF IT IN FACT PRODUCES PROTECTIVE EFFECTS BY FAVOURING A TYPICALLY NATIONAL PRODUCT AND TO THE SAME EXTENT PUTTING VARIOUS CATEGORIES OF PRODUCTS FROM OTHER MEMBER STATES AT A DISADVANTAGE .

4 . IT MAY BE SEEN FROM THE RELEVANT COMMUNITY PROVISIONS AND IN PARTICULAR FROM HEADING 22.10 OF THE COMMON CUSTOMS TARIFF , WHICH IS ALSO USED IN ANNEX II TO THE TREATY , THAT THE TERM VINEGAR DOES NOT COVER WINE-VINEGAR ALONE WHICH , MOREOVER , IS THE SUBJECT OF A SPECIFIC SUBHEADING . IT FOLLOWS THAT VINEGAR IS A GENERIC TERM AND IT WOULD NOT BE COMPATIBLE WITH THE OBJECTIVES OF THE COMMON MARKET AND IN PARTICULAR WITH THE FUNDAMENTAL PRINCIPLE OF THE FREE MOVEMENT OF GOODS FOR NATIONAL LEGISLATION TO BE ABLE TO RESTRICT A GENERIC TERM TO ONE NATIONAL VARIETY ALONE TO THE DETRIMENT OF OTHER VARIETIES PRODUCED , IN PARTICULAR , IN OTHER MEMBER STATES .

5 . NATIONAL LEGISLATION WHICH PROHIBITS THE MARKETING AND IMPORTATION OF VINEGARS OF AGRICULTURAL ORIGIN OTHER THAN THOSE ORIGINATING IN THE ACETIC FERMENTATION OF WINE AND WHICH RESTRICTS THE DESIGNATION ' ' VINEGAR ' ' TO WINE-VINEGAR IS NOT NECESSARY TO FULFIL THE REQUIREMENTS OF THE PROTECTION OF HEALTH , FAIR TRADING OR THE PROTECTION OF CONSUMERS AND THEREFORE CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WHICH IS PROHIBITED BY ARTICLE 30 OF THE TREATY .