Keywords
Summary

Keywords

1 Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Prohibition on the marketing of foodstuffs for reasons relating to the protection of consumers - Limits - Use of a form of labelling which complies with Directive 79/112 sufficient to guarantee such protection

(EC Treaty, Art. 30; Council Directive 79/112)

2 Approximation of laws - Labelling and presentation of foodstuffs - Directive 79/112 - Compulsory for the labelling of such products to display the name under which the product is sold and the list of ingredients

(Council Directive 79/112, Arts 2, 3(1), 5(1) and 6(5)(a))

Summary

1 It is contrary to Article 30 of the Treaty for national rules to prohibit, for reasons of consumer protection, the marketing of foodstuffs lawfully manufactured and marketed in another Member State, where consumers are protected by means of labelling in accordance with the provisions of Directive 79/112 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, in particular those concerning the name of the product and the list of ingredients.

2 Article 3(1) of Directive 79/112 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs makes it compulsory for the labelling of foodstuffs to display the name under which the product is sold and the list of ingredients. As regards the name under which the product is sold, it is contrary to Articles 2 and 5(1) of Directive 79/112 to use a trade description which does not make it possible for purchasers in the State where the product is sold to ascertain the true nature of the foodstuff.

As regards the list of ingredients, where the quantity of added water represents more than 5% by weight of the finished product, failure to include `water' in the list of ingredients constitutes infringement of Article 3(1), read in conjunction with Article 6(5)(a), of Directive 79/112.